WOOD v. SCHLAGEL

No. C3-85-819.

375 N.W.2d 561 (1985)

Thomas W. WOOD, et al., Appellants, v. Donald SCHLAGEL, Steven D. Schlagel, et al., Respondents.

Court of Appeals of Minnesota.

October 29, 1985.


Attorney(s) appearing for the Case

Ronald R. Notermann, Minneapolis, for appellants.

William C. Hudson, Aitkin, for Donald Schlagel.

Michael E. Molenda, Hansen & Molenda, Rosemount, for Steven D. Schlagel, et al.

Considered and decided by POPOVICH, C.J., and WOZNIAK and HUSPENI, JJ., with oral argument waived.


OPINION

POPOVICH, Chief Judge.

This appeal is from a judgment dismissing appellants' complaint with prejudice. Appellants claim the trial court erred in determining (1) respondents' fraud in misrepresenting the existence of a second mortgage was not actionable, and (2) respondents were not liable to appellants for loss of sale damages following appellants' rescission of a subsequent purchase agreement. We affirm.

FACTS

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