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NOVUS EQUITIES CORP. v. EM-TY PARTNERSHIP

No. C7-84-1915.

381 N.W.2d 426 (1986)

NOVUS EQUITIES CORPORATION, petitioner, Appellant, v. EM-TY PARTNERSHIP, etc., et al., Respondents.

Supreme Court of Minnesota.

January 31, 1986.

Attorney(s) appearing for the Case

George G. Eck, Minneapolis, for appellant.

David L. Graven, Larry M. Wertheim, Minneapolis, Gary L. Meyer, Robbinsdale, for respondents.

Heard, considered, and decided by the court en banc.

SIMONETT, Justice.

This case raises the question whether a vendee's promissory note given as part payment of the purchase price survives cancellation of the contract for deed. We conclude that survivability presents here a question of fact and reverse and remand for trial. We also hold that the trial court did not abuse its discretion in certifying for appeal its partial summary judgment.

On August 11, 1983, respondent...

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