GARTNER v. EIKILL

No. 81-461.

319 N.W.2d 397 (1982)

Jack GARTNER, Appellant, v. Robert E. EIKILL, et al., Respondents.

Supreme Court of Minnesota.

May 21, 1982.


Attorney(s) appearing for the Case

Bruess, Bye, Boyd, Andersen & Sullivan and Leo M. McDonnell, Duluth, for appellant.

Johnson, Fredin, Killen, Thibodeau & Seiler and Donald C. Erickson, Duluth, for respondents.

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


AMDAHL, Chief Justice.

This is an appeal from a judgment entered in favor of respondents Robert Eikill and John Schilling following a trial to the court, sitting without a jury, in the District Court of St. Louis County, Sixth Judicial District. The action is an equitable action brought by appellant Jack Gartner for the rescission, due to mutual mistake, of a contract for the conveyance of real property.

The land in question in this case was part of a larger...

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