FENA v. WICKSTROM

No. C3-84-51.

348 N.W.2d 389 (1984)

Jack FENA, et al., Respondents, v. Bo W. WICKSTROM, Appellant.

Court of Appeals of Minnesota.

May 29, 1984.


Attorney(s) appearing for the Case

Steven A. Nelson, International Falls, for appellant.

Michael S. Kreidler, Minneapolis, for respondents.

Heard, considered and decided by POPOVICH, C.J., and FORSBERG and RANDALL, JJ.


OPINION

POPOVICH, Chief Judge.

Appellant appeals from a judgment of the trial court in favor of respondent dismissing appellant's counterclaim. We affirm.

FACTS

On April 4, 1978, the parties executed a five year lease. The property leased consisted of the basement and first floor of a two story structure in which appellant operated a Ben Franklin variety store. The lease contained the following exculpatory clause:

The said Lessee...

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