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HOLLYWOOD DAIRY, INC. v. TIMMER

No. C9-86-2231.

411 N.W.2d 258 (1987)

HOLLYWOOD DAIRY, INC., et al., Appellants, v. Ray TIMMER, et al., Gary Feist, et al., Respondents.

Court of Appeals of Minnesota.

September 1, 1987.

Attorney(s) appearing for the Case

John F. Markert, Bloomington, for appellants.

Richard C. Hefte, Rufer & Hefte, Fergus Falls, Randolph T. Brown, Brown, Saetre & Sellnow, Long Prairie, for respondents.

Heard, considered and decided by LESLIE, P.J., and SEDGWICK and LANSING, JJ.

OPINION

SEDGWICK, Judge.

Ray and Roma Jean Timmer canceled a purchase agreement with Hollywood Dairy for non-payment pursuant to Minn.Stat. § 559.21 (1982). After the contract had been canceled, the Dairy sued for fraudulent misrepresentation and breach of contract. Timmers were granted summary judgment. We affirm.

FACTS

The Timmers owned a dairy farm which Hollywood Dairy, Inc., agreed to buy. The final purchase agreement was entered...

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