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ZOBEL & DAHL CONST. v. CROTTY

No. C5-83-879.

356 N.W.2d 42 (1984)

ZOBEL & DAHL CONSTRUCTION, plaintiff, counterclaim defendant, and third party plaintiff, Respondent, v. David CROTTY, defendant and counter-claimant, Appellant, v. BUILDERS SUPPLY COMPANY, third party defendant, Respondent, Summit Masonry, et al., third party defendants, Respondents, Bob Olson, third party defendant, Respondent.

Supreme Court of Minnesota.

October 12, 1984.

Attorney(s) appearing for the Case

Charles B. Bateman, Duluth, for appellant.

Thomas L. Hunt, Duluth, for Zobel & Dahl Const.

Thomas R. Thibodeau, Duluth, for Builders Supply Co.

Heard, considered and decided by the court en banc without oral argument.

TODD, Justice.

Zobel & Dahl Construction sued David Crotty for Crotty's failure to pay Zobel & Dahl for the construction of a residence near Duluth, Minnesota. Crotty had paid Zobel & Dahl $67,000, but refused to pay the remaining balance of the contract price because of certain defects in the house. Zobel & Dahl claimed Crotty owed $13,552.56 and impleaded several of the subcontractors including Builders Supply Company, suppliers of roof trusses....

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