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LUNDEEN v. LAPPI

Nos. C2-84-1370, C7-84-1946.

361 N.W.2d 913 (1985)

Bryce LUNDEEN, Respondent, v. Edwin E. LAPPI, Respondent, Mutual Realty and Mortgage Company, et al., Appellants, and Edwin E. LAPPI, Third-Party Plaintiff v. George TAGGERT, et al., Third-Party Defendants.

Court of Appeals of Minnesota.

Review Denied April 18, 1985.

Attorney(s) appearing for the Case

Ralph S. Tillitt, Alexandria, for Lundeen.

John M. Giblin, Minneapolis, for Lappi.

Robert W. Kettering, Jr., Minneapolis, for Mut. Realty and Mortgage Co.

Lloyd O. Bergman, Minneapolis, for Taggert.

Heard, considered, and decided by POPOVICH, C.J., and PARKER and WOZNIAK, JJ.

OPINION

WOZNIAK, Judge.

This appeal is taken from a judgment entered May 7, 1984. The trial court concluded respondent Lundeen was entitled to elect either rescission of his contract to purchase property or an $8,000 abatement. The court also held respondent Lappi was entitled to indemnity from appellants for the abatement and for attorney's fees he incurred in defending against Lundeen's abatement action. We reverse and remand.

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