WASECA MUT. INS. CO. v. SWANSON

No. C2-86-1728.

403 N.W.2d 678 (1987)

WASECA MUTUAL INSURANCE CO., Appellant, v. Douglas SWANSON, et al., Defendants, Douglas Hermel, et al., Respondents.

Court of Appeals of Minnesota.

April 7, 1987.


Attorney(s) appearing for the Case

Stephen P. Rolfsrud, Blethen, Gage & Krause, Mankato, for appellant.

Robert M. Greising, Waterville, for respondents.

Heard, considered and decided by FORSBERG, P.J., and RANDALL and STONE, JJ.


OPINION

RANDALL, Judge.

Respondents Hermels, as sellers on a contract for deed, were parties defendant to an action brought by appellant insurance company. The insurance company wanted to avoid payment on a fire loss to defendants, the Swansons, who were the contract for deed buyers. Appellant wanted to avoid payment on the grounds of fraud and material misrepresentation. After a jury verdict in appellant's favor, the trial court awarded judgment notwithstanding...

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