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McKENZIE v. OLMSTEAD

No. C3-98-1310.

587 N.W.2d 863 (1999)

Gerald McKENZIE, Appellant, v. Mark OLMSTEAD, d/b/a World Cargo and Tailwind Trailers, Respondent.

Court of Appeals of Minnesota.

January 26, 1999.

Attorney(s) appearing for the Case

James I. Roberts, St. Cloud, MN (for appellant).

John H. Scherer, Rajkowski Hansmeier Ltd., St. Cloud, MN (for respondent).

Considered and decided by DAVIES, Presiding Judge, KLAPHAKE, Judge, and AMUNDSON, Judge.

OPINION

KLAPHAKE, Judge.

Appellant Gerald McKenzie sued respondent Mark Olmstead, d/b/a World Cargo (Olmstead),1 to recover $3,620, the sum McKenzie had paid to Olmstead for a custom-made trailer that was stolen before McKenzie took physical possession of it. Following trial, the court determined that the risk of loss had passed to McKenzie by "contrary agreement" of the parties under Minn.Stat. § 336.2-509(4) (1996) because...

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