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TONKA TOURS, INC. v. CHADIMA

No. C5-84-49.

354 N.W.2d 519 (1984)

TONKA TOURS, INC., Appellants, v. Jay CHADIMA, Respondent, Jack Harris, et al., Respondents.

Court of Appeals of Minnesota.

September 11, 1984.

Attorney(s) appearing for the Case

Robert W. Kettering, Jr., Arthur, Chapman & Michaelson, P.A., Minneapolis, for appellant.

Kay Nord Hunt, Lommen, Nelson, Sullivan & Cole, P.A., Minneapolis, for Jay Chadima.

Harvey N. Jones, Hertogs, Fluegel, Sieben, Polk, Jones & Laverdiere, Hastings, for Jack Harris et al.

Heard, considered and decided by POPOVICH, C.J., and LESLIE and CRIPPEN, JJ.

OPINION

POPOVICH, Chief Judge

Appellant (buyer) appeals from the trial court's judgment in favor of respondents (seller and agent) in a suit involving the sale of a 52 foot boat. Appellant claims the trial court erred by finding appellant did not effectively reject the boat. Appellant also claims the trial court erred in finding the parties' conduct modified their sales contract. We reverse and remand.

FACTS

In the fall of 1981, Tonka Tours...

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