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APACHE PLAZA v. MIDWEST SAV. ASS'N

Nos. C8-89-1859, CX-89-2107.

456 N.W.2d 729 (1990)

APACHE PLAZA, LTD., Appellant, v. MIDWEST SAVINGS ASSOCIATION, formerly Midwest Federal Savings & Loan Association, Respondent.

Court of Appeals of Minnesota.

Review Denied August 23, 1990.

Attorney(s) appearing for the Case

James P. Larkin, Thomas J. Seymour, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington, for appellant.

Thomas E. Harms, Thomas E. Schmidt, Hessian, McKasy & Soderberg, Minneapolis, for respondent.

Considered and decided by LANSING, P.J., and PARKER and RANDALL, JJ.

OPINION

LANSING, Judge.

Apache Plaza challenges the trial court's denial of its post-trial motions in a breach of contract action against its lessee Midwest Savings Association. We reverse and remand for a new trial because we agree that the verdict was prejudicially affected by the incorrect instruction on the issue of substantial performance.

FACTS

Apache Plaza is the managing general partner of a limited partnership that owns the Apache...

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