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LOBE ENTERPRISES v. DOTSEN

No. C7-84-1364.

360 N.W.2d 371 (1985)

LOBE ENTERPRISES, et al., Appellants, v. DOTSEN, etc., Defendant and Third Party Plaintiff, Respondent, v. The GRIFFIN COMPANIES, INC., et al., Third Party Defendants, Respondents, D. Thomas Kane, Third Party Defendant, Respondent.

Court of Appeals of Minnesota.

January 8, 1985.

Attorney(s) appearing for the Case

Steven E. Rubin, Minneapolis, for Lobe Enterprises, et al.

Hugh J. Cosgrove, Jesse & Cosgrove, Minneapolis, for Dotsen, etc.

Amy D. Grady, Richard Diamond, Larkin, Hoffman, Daly & Lindgren, Ltd., Minneapolis, for The Griffin Companies, Inc., et al.

Robert E. Daly, Streefland & Daly, Burnsville, for D. Thomas Kane.

Considered and decided by POPOVICH, C.J., and PARKER and SEDGWICK, JJ., with oral argument waived.

OPINION

POPOVICH, Chief Judge.

FACTS

Appellant Lobe Enterprises purchased an apartment building owned by respondent Dotsen. Respondents Thomas R. Lundstedt and his employer Griffin Companies were Dotsen's sales agent. Respondents represented a new roof was installed on the building by a prior owner. Appellant sued alleging (1) the roof was not new, (2) respondents' statements constituted a material misrepresentation, and (3) seeking $5,250 in expenses...

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