CAROUSEL AUTOMOBILES, INC. v. GHERITY

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

527 N.W.2d 813 (1995)

CAROUSEL AUTOMOBILES, INC., Plaintiff, v. Edward GHERITY, Defendant and Third-Party Plaintiff, Respondent, v. K.L. DANIELS, a/k/a Kevin L. Daniels, Third-Party Defendant, Petitioner, Appellant, Bill Kaye, a/k/a William Kaye, et al., Third Party Defendants, Western Surety Co., Third-Party Defendant, Petitioner, Appellant.

Supreme Court of Minnesota.

February 17, 1995.


Attorney(s) appearing for the Case

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

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

John S. Schomburg, Carlson Center, Minnetonka, for respondent.

Heard, considered and decided by the court en banc.


OPINION

KEITH, Chief Justice.

Appellants Kevin L. Daniels ("Daniels") and Western Surety Company ("Western Surety") seek review of a court of appeals' decision affirming the trial court's judgment in favor of respondent, Edward Gherity ("Gherity"). The issue raised on appeal is whether Daniels, in signing as transferor on an Odometer Statement and Assignment by Seller form, thereby warranted title to the motor vehicle. We conclude he did and affirm.

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