HEYER v. MOLDENHAUER

No. C8-95-1434.

538 N.W.2d 714 (1995)

David and Kathryn HEYER, Appellants, v. John MOLDENHAUER and Ericka Moldenhauer, Koeckeritz Realty, et al., Respondents.

Court of Appeals of Minnesota.

October 10, 1995.


Attorney(s) appearing for the Case

Kenneth R. White, Farrish, Johnson & Maschka, Mankato, for Heyer.

Patrick J. Moriarty, New Ulm, for Moldenhauer.

Robert G. Haugen, Michelle A. Gill, Johnson & Lindberg, P.A., Minneapolis, for Koeckeritz Realty.

Considered and decided by LANSING, P.J., and CRIPPEN and THOREEN, JJ.


OPINION

LANSING, Judge.

Buyers of real estate seek to rescind a purchase agreement, claiming misrepresentation or failure to disclose material facts about the property and fraud in procuring the arbitration clause. The district court determined the arbitration clause covers both claims. We hold the arbitration clause does not encompass a claim of fraud in the inducement of the clause itself, and we affirm in part and reverse in part.

FACTS

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