SIMPLEX SUPPLIES, INC. v. ABHE & SVOBODA

No. C1-98-866.

586 N.W.2d 797 (1998)

SIMPLEX SUPPLIES, INC., d/b/a Simplex Construction Supplies, Inc., Appellant, v. ABHE & SVOBODA, INC., et al., Respondents, Rainbow, Inc., Respondent.

Court of Appeals of Minnesota.

December 15, 1998.


Attorney(s) appearing for the Case

Eric J. Magnuson, Jennifer A. Kraft, Rider, Bennett, Egan & Arundel, L.L.P., Minneapolis, Jane Everson Volz, Volz Law Firm, Ltd., Lakeville, for appellant.

Peter C. Halls, Deborah J. MacKay, Faegre & Benson, L.L.P., Minneapolis, MN (for respondents Abhe & Svoboda, Inc., and Rainbow, Inc./Abhe & Svoboda, Inc., a joint venture).

Robb L. Olson, Meslow & Olson, PLLC, White Bear Lake, MN (for respondent Rainbow, Inc.).

Considered and decided by LANSING, P.J., and RANDALL and SHORT, JJ.


OPINION

LANSING, Judge.

This is an appeal from an adverse summary judgment in an action alleging a contract to provide paint removal abrasive on a public construction project. We reverse the summary judgment dismissing the contract claim because, on the undisputed facts, the statute of frauds does not preclude consideration of whether an oral contract exists. We affirm the dismissal on the alternative claims for fraud and promissory estoppel because the...

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