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MEYER v. PARKIN

No. C9-83-1128.

350 N.W.2d 435 (1984)

Robert Dean MEYER, et al., etc., Appellants, v. David PARKIN, Respondent.

Court of Appeals of Minnesota.

Review Denied September 12, 1984.

Attorney(s) appearing for the Case

Charles A. Bird, Steward, Perry, Mahler & Bird, P.A., Rochester, for appellants.

Peter C. Sandberg, Dunlap, Keith, Finseth, Berndt & Sandberg, P.A., Rochester, for respondent.

Heard, considered and decided by WOZNIAK, P.J., and HUSPENI and NIERENGARTEN, JJ.

OPINION

NIERENGARTEN, Judge.

This is an appeal from an order of the trial court granting respondent Parkin's motion for dismissal and entry of judgment thereon. Appellants Meyer contend the court erred in holding that Minn.Stat. § 504.18 (1982) did not remove the element of scienter from the rule that a lessor has a duty to warn a lessee of any concealed defects the lessor knew or should have known existed. We affirm.

FACTS

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