TAGTOW v. CARLTON BLOOMINGTON DINNER THEATRE

No. C6-85-779.

379 N.W.2d 557 (1985)

Mark TAGTOW, d.b.a. Mark's Painting, Plaintiff, v. CARLTON BLOOMINGTON DINNER THEATRE, INC., Respondent, Karen Strom a.k.a. Karen Olson, et al., Defendants, Voronyak Construction, Inc., Appellant, Estate of Morris Chalfen, The City of Bloomington, Defendants, First Financial Savings and Loan Association, Wenzel Plumbing and Heating, Inc., Rouse Mechanical, Inc., Respondents.

Court of Appeals of Minnesota.

December 24, 1985.


Attorney(s) appearing for the Case

Lawrence R. Commers, MacIntosh & Commers, Minneapolis, for Carlton Bloomington Dinner Theatre, Inc.

Mark J. Manderfeld, Miller & Neary, Minneapolis, for Voronyak Const., Inc.

David Mitchell, Robins, Zelle, Larson & Kaplan, Minneapolis, for First Financial Sav. and Loan Assn.

Thomas Campbell, Grannis, Campbell, Farrell and Knutson, South St. Paul, for Wenzel Plumbing and Heating, Inc.

Merlin W. Dahl, Edina, for Rouse Mechanical, Inc.

Heard, considered and decided by HUSPENI, P.J., and FOLEY and FORSBERG, JJ.


OPINION

FORSBERG, Judge.

This is an appeal from amended judgments which awarded appellant Voronyak Construction, Inc. (Voronyak) $200,000 in contract extras, awarded Carlton Bloomington Dinner Theatre, Inc. (Carlton) a $36,065 lighting credit, awarded prejudgment interest only on agreed upon contract extras, and gave Wenzel Plumbing and Heating, Inc.'s (Wenzel's) mortgage priority over Voronyak's subsequent mechanic...

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