FIRST NAT. BANK v. EDISON HOMES, INC.

No. C8-87-1405.

415 N.W.2d 442 (1987)

The FIRST NATIONAL BANK OF SHAKOPEE, Respondent, v. EDISON HOMES, INC., f.k.a. Ardmor, Inc., Appellant.

Court of Appeals of Minnesota.

November 24, 1987.


Attorney(s) appearing for the Case

Dennis P. Moriarty, Jaspers, Moriarty & Walburg, P.A., Shakopee, for respondent.

William Ress Skolnick, Meshbesher, Singer & Spence, Ltd., Minneapolis, for appellant.

Heard, considered and decided by HUSPENI, P.J., and SEDGWICK and LOMMEN, JJ.


OPINION

A. PAUL LOMMEN, Acting Judge.

This appeal is from a judgment for damages arising from a contract dispute. The trial court concluded appellant breached its contract with respondent by failing to repurchase a mobile home contract after default. Appellant claims the trial court misapplied the doctrine of impossibility to excuse respondent's failure to first tender possession of the mobile home within 90 days. We reverse.

FACTS

In 1982...

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