HANDY v. GARMAKER

Nos. 51322, 51326.

324 N.W.2d 168 (1982)

Patrick HANDY, Patricia Handy, and Edith Handy, Respondent, v. Richard E. GARMAKER, Appellant (51326), Respondent (51322). and Bergstedt Realty Co., and William R. Bergstedt, Appellants (51322), Respondents (51326).

Supreme Court of Minnesota.

Rehearing Denied October 21, 1982.


Attorney(s) appearing for the Case

Popham, Haik, Schnobrich, Kaufman & Doty, Frederick S. Richards, and Michael T. Nilan, Minneapolis, for Bergstedt Realty Co., et al.

Maun, Green, Hayes, Simon, Murray & Johanneson, Richard D. Donohoo and Gregory J. Holly, St. Paul, Gustafson & Adams and Mark G. Ohnstad, Edina, for Garmaker 51326.

Sax & Dove, St. Paul, for Handy.

Gustafson & Adams and Mark G. Ohnstad, Edina, for Garmaker and Maun Firm 51322.

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


OTIS, Justice.

This is an appeal from a decision of the district court finding appellants Richard Garmaker and William R. Bergstedt liable to respondents Patrick Handy, Patricia Handy, and Edith Handy, for failure to disclose Garmaker's dual agency in representing both the Handys and their vendee in a real estate transaction. We affirm.

The essential facts which were found by the trial court and which are governing may be briefly summarized.

During...

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