ANDERSON v. DeLISLE

No. CO-83-2040.

352 N.W.2d 794 (1984)

Richard J. ANDERSON, Appellant, v. Thomas J. DeLISLE, et al., Respondents.

Court of Appeals of Minnesota.

August 7, 1984.


Attorney(s) appearing for the Case

Larry K. Houk, Houk, Raia & Associates, St. Paul, for appellant.

Peter McCall, Stapleton, Nolan & McCall, St. Paul, for respondents.

Considered and decided by FOLEY, P.J. and SEDGWICK and RANDALL, JJ., with oral argument waived.


OPINION

FOLEY, Judge.

Vendee sought to recover under a theory of unjust enrichment for improvements made to the vendor's property before cancellation of the parties' contract for deed. The trial judge granted judgment notwithstanding the verdict for the vendors, finding that he committed an error of law by submitting the issue of unjust enrichment to the jury in the absence of any evidence of mistake or fraud by the vendor. The vendee appeals. We reverse...

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