FIRST CONST. CO. v. TRI-SOUTH MORTG. INVESTORS

No. 51129.

308 N.W.2d 298 (1981)

FIRST CONSTRUCTION COMPANY, a Minnesota corporation, Metro Office Parks Company, a Minnesota limited partnership, and John R. Neumeier, an individual, Appellants, v. TRI-SOUTH MORTGAGE INVESTORS, a Massachusetts voluntary association (known as a business trust), Respondent.

Supreme Court of Minnesota.

July 10, 1981.


Attorney(s) appearing for the Case

Gray, Plant, Mooty, Mooty & Bennett, Michael R. Cunningham and John S. Crouch, Minneapolis, for appellants.

Olson, Gunn & Seran, Minneapolis, for respondent.

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


WAHL, Justice.

Plaintiff First Construction Company (First Construction) appeals from an order of the Hennepin County District Court which required that the indemnification bond offered by Tri-South Mortgage Investors (Tri-South) be accepted, that certain funds held in escrow be paid to Tri-South, and that interest in the escrow account be paid to Tri-South. We affirm in part and reverse in part.

First Construction...

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