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PETITION OF HILLTOP DEVELOPMENT

No. C8-82-1580.

342 N.W.2d 344 (1984)

In the Matter of the Petition of HILLTOP DEVELOPMENT, a partnership for certain relief in connection with certificate of Title No. 199618 HILLTOP DEVELOPMENT, a partnership consisting of Robert N. Roningen and Will Selbak, Appellant, v. MILLER HILL MANOR COMPANY, a partnership consisting of Norman Hewitt and John Jackson, Respondent.

Supreme Court of Minnesota.

January 13, 1984.

Attorney(s) appearing for the Case

Robert J. Karon, A. Blake MacDonald of MacDonald, Munger & Downs, Robert N. Roningen, Duluth, for appellant.

Daniel H. Mundt and Theodore L. Hall of Mundt & Hall, Duluth, for respondent.

Heard, considered and decided by the court en banc.

SCOTT, Justice.

This contract dispute is before us for the second time. In a written contract dated January 12, 1980, Miller Hill Manor Company (Miller Hill) agreed to sell certain real estate to Hilltop Development (Hilltop). The agreement gave buyer Hilltop 9½ months to decide whether to cancel the deal or go forward to closing. Miller Hill soon reneged on the contract, claiming it had been defrauded. Hilltop sued for a judicial determination as to the validity...

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