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EVERSON v. KAPPERMAN

No. C9-82-1328.

343 N.W.2d 19 (1984)

Dale EVERSON, individually and d.b.a. Everson Electric, Respondent, v. Jerome KAPPERMAN, individually and d.b.a. Kapperman Construction, Respondent, Transamerica Bond Company, Defendant, City of Pipestone, Appellant.

Supreme Court of Minnesota.

January 20, 1984.

Attorney(s) appearing for the Case

James E. Malters, Worthington, for appellant.

William P. Scott, Pipestone, for respondent Everson.

Benjamin Vander Kooi, Jr., Luverne, for respondent Kapperman.

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

AMDAHL, Chief Justice.

This is a case of first impression. The issue on appeal is whether an offer of judgment made pursuant to Rule 68.01 of the Minnesota Rules of Civil Procedure can be accepted 2 years after the offer was tendered.

In 1975 the City of Pipestone solicited bids for the renovation of its Main Street. Kapperman Construction was awarded the contract and began work on the project in the spring of 1977. Subsequent to the completion of the project...

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