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NATIONAL TRADE TRUST, INC. v. MERRIMAC CONST.

No. C3-94-1427.

524 N.W.2d 14 (1994)

NATIONAL TRADE TRUST, INC., Appellant, v. MERRIMAC CONSTRUCTION, Defendant and Third-Party Plaintiff, Respondent, v. HEART DRYWALL, et al., Third-Party Defendants.

Court of Appeals of Minnesota.

November 15, 1994.

Attorney(s) appearing for the Case

Robert R. Roos, Minneapolis, for Nat. Trade Trust, Inc.

Paul S. Jacobsen, Briggs & Morgan, Saint Paul, for Merrimac Const.

Before RANDALL, P.J., and SCHUMACHER and JONES, JJ.

OPINION

RANDALL, Judge.

Appellant National Trade Trust, Inc. (National) challenges judgment entered on April 5, 1994, denying its claim for reimbursement of $19,418 from respondent Merrimac Construction Co., (Merrimac). Merrimac, after receiving a notice of assignment to National by assignor Heart Drywall, erroneously paid Heart Drywall instead. Merrimac denies liability, claiming that it may assert as a defense to reimbursement, a setoff which it failed...

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