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KOENIG v. WACHHOLZ

No. 51266.

309 N.W.2d 803 (1981)

Herman KOENIG and Sharon Koenig, husband and wife, Respondents, v. Marvin WACHHOLZ and Gloria Wachholz, husband and wife, Appellants, 1st Carver Realty and Development Corporation of Waconia, Minnesota, et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied October 23, 1981.

Attorney(s) appearing for the Case

Genty & Eggert, Winsted, for appellants.

Allan W. Lamkin, Waconia, for Koenig.

Robert A. Nicklaus, Chaska, for 1st Carver Realty and Development Corp.

Considered and decided by the court en banc without oral argument.

OTIS, Justice.

Respondents Herman and Sharon Koenig (buyers) instituted this action against appellants Marvin and Gloria Wachholz (sellers) and defendant realtor 1st Carver Realty and Development Corporation of Waconia seeking damages for fraudulent misrepresentation in connection with the sale of certain farmland. Following a court trial, judgment was awarded in favor of the buyers and against the sellers. Sellers have

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