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CAROUSEL AUTOMOBILES, INC. v. GHERITY

Nos. C3-93-1059, C7-93-1078.

511 N.W.2d 472 (1994)

CAROUSEL AUTOMOBILES, INC., Plaintiff, v. Edward GHERITY, defendant and third-party plaintiff, Respondent, K.L. Daniels, a/k/a Kevin L. Daniels, third-party defendant, Appellant (C3-93-1059), Respondent (C7-93-1078), Bill Kaye, a/k/a William Kaye, et al., Third-Party Defendants, Western Surety Co., third-party defendant, Appellant (C7-93-1078).

Court of Appeals of Minnesota.

Review Granted March 31, 1994.

Attorney(s) appearing for the Case

John S. Schomburg, Carlson Center, Minnetonka, for Edward Gherity.

Mark A. Olson, Burnsville, for K.L. Daniels.

Jeannice M. Reding, Minneapolis, for Western Surety Co.

Considered and decided by FORSBERG, P.J., and LANSING and NORTON, JJ.

OPINION

NORTON, Judge.

Daniels filled out and signed a form in which he listed himself as owner of a vehicle, warranted proper title to the vehicle, and gave an accurate reading of the odometer. When the vehicle turned out to be stolen, the trial court held Daniels liable to the buyer due to the warranty of title he had made in the form. Daniels and Western Surety Co. argue on appeal that the form, an odometer...

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