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STROMBERG v. SMITH

No. C0-87-2158.

423 N.W.2d 107 (1988)

Phyllis STROMBERG, Respondent, v. Richard M. SMITH, et al., Defendants and Third Party Plaintiffs, Appellants, v. Clarence J. KEMP, Third Party Defendant, Respondent.

Court of Appeals of Minnesota.

May 17, 1988.

Attorney(s) appearing for the Case

G. Barry Anderson, Arnold & McDowell, Hutchinson, for Richard M. Smith.

Francis J. Rondoni, Rosenthal, Rondoni & MacMillan, Minneapolis, for Phyllis Stromberg.

Paul Eidsness, Roe & Associates, Minneapolis, for Clarence J. Kemp.

Heard, considered and decided by NIERENGARTEN, P.J., and LANSING and SCHUMACHER, JJ.

OPINION

NIERENGARTEN, Judge.

Appellants contend the district court erred by concluding real estate documents could not be altered by parol evidence and granting summary judgment against appellants' equitable claims. We affirm in part, reverse in part and remand.

FACTS

Appellants Richard and Jean Smith entered into a "net" listing agreement with respondent Clarence Kemp under the terms of which the buyer would make a $50,000 cash down payment...

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