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DREWES v. FIRST NAT. BANK DETROIT LAKES

No. C0-90-663.

461 N.W.2d 389 (1990)

Clarence R. DREWES, et al., Appellants, v. FIRST NATIONAL BANK OF DETROIT LAKES, Respondent.

Court of Appeals of Minnesota.

Review Denied December 20, 1990.

Attorney(s) appearing for the Case

Jack D. Elmquist, Thomas F. Surprenant, Jack D. Elmquist Law Offices, Minneapolis, for appellants.

Lynn J. Hummel, Benshoof, Hummel, Sinclair, Pearson, Evans & Hunt, P.A., Detroit Lakes, for respondent.

Considered and decided by WOZNIAK, C.J., and NORTON and SCHUMACHER, JJ.

OPINION

NORTON, Judge.

The trial court granted respondent, First National Bank of Detroit Lakes (creditor), partial summary judgment against appellants, Clarence Drewes and Drewes Construction Company (debtors), claim of breach of an oral contract saying that Minn.Stat. § 513.33 (1988) prohibited debtors' claim. After a trial on the remaining claims, debtors brought a motion for new trial alleging that the trial court's refusal to allow their breach...

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