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RURAL AMERICAN BANK v. HERICKHOFF

No. CX-90-2341.

473 N.W.2d 361 (1991)

RURAL AMERICAN BANK OF GREENWALD, Respondent, v. Ben HERICKHOFF, Appellant, Anna Herickhoff, et al., Defendants. Ben HERICKHOFF, defendant and third party plaintiff, Appellant, v. Mark HERICKHOFF, third party defendant, Appellant.

Court of Appeals of Minnesota.

Review Granted September 25, 1991.

Attorney(s) appearing for the Case

Laura J. Hein, Maclay R. Hyde, Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, for respondent.

Michael D. Miller, Cousineau, McGuire & Anderson, Chartered, Minneapolis, for Ben Herickhoff.

Scott B. Lundquist, Lundquist & Roth, Minneapolis, for Mark Herickhoff.

Considered and decided by FORSBERG, P.J., and FOLEY and CRIPPEN, JJ.

OPINION

CRIPPEN, Judge.

The trial court granted judgment for respondent Rural American Bank of Greenwald following a special jury verdict favoring appellant Ben Herickhoff. The trial court concluded that Minn.Stat. § 513.33 (1988), the statute requiring credit agreements to be in writing, barred a breach of contract defense based on respondent's breach of an agreement to first apply proceeds from farm operations to appellant Ben Herickhoff's loan before...

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