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TEREAULT v. PALMER

No. C1-87-936.

413 N.W.2d 283 (1987)

Diane TEREAULT, et al., Appellants, v. Brian G. PALMER, et al., Burnet Realty, Inc., Quality Homes, Inc., Respondents.

Court of Appeals of Minnesota.

Review Denied December 18, 1987.

Attorney(s) appearing for the Case

Theodore J. Collins, John R. Schulz, St. Paul, for Diane Tereault, et al.

A. Keith Hanzel, St. Paul, for Brian G. Palmer, et al.

Robert Thomas Torgerson, Faegre & Benson, Minneapolis, for Burnet Realty, Inc.

Gary F. Albrecht, St. Paul, for Quality Homes, Inc.

Heard, considered and decided by POPOVICH, C.J., and NORTON and LOMMEN, JJ.

OPINION

NORTON, Judge.

In 1981, appellants (the Tereaults) sued respondents (the Palmers, Burnet Realty, and Quality Homes) for breach of express and implied warranty, for the sale of defective property, and for misrepresentation in the sale of a home. The district court entered summary judgment for Quality Homes on the breach of implied warranty claim, finding no such warranty could exist because the Tereaults were not in privity with Quality Homes. We...

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