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SMITH v. WOODWIND HOMES, INC.

Nos. C8-99-941, C5-99-945.

605 N.W.2d 418 (2000)

Michael H. SMITH, et al., Appellants (C8-99-941), Respondents (C5-99-945), v. WOODWIND HOMES, INC., Defendant, State Bank of Hamburg, Respondent, Bradley W. Solheim d/b/a Carver County Title Guaranty, et al., Defendants (C8-99-941), Appellants (C5-99-945), Al Wallin, Carver County Sheriff (in his official capacity), et al., Defendants.

Court of Appeals of Minnesota.

February 8, 2000.

Attorney(s) appearing for the Case

Katherine M. Bergenthal, Eric R. Heiberg, Coleman, Hull & Van Vliet, P.L.L.P., Minneapolis, MN (for appellants Michael H. Smith, et al., C8-99-941).

Ronald E. Martell, John M. Harens, Moore, Costello & Hart, P.L.L.P., Minneapolis, MN (for appellants Bradley W. Solheim, d/b/a Carver County Title Guaranty, et al., C5-99-945).

Brian A. Martens, Parsinen, Kaplan, Levy, Rosberg & Gotlieb, P.A., Minneapolis, MN (for respondent State Bank of Hamburg).

Considered and decided by SHUMAKER, Presiding Judge, LANSING, Judge, and HALBROOKS, Judge.

OPINION

HALBROOKS, Judge.

In these consolidated actions arising from a real-estate closing for the sale of a new home, appellants, Michael and Andrea Smith and Carver County Title Guaranty Company (CCTG), challenge the district court's issuance of summary judgment against them. CCTG alleges (1) the district court improperly made factual findings and drew unfavorable factual inferences against CCTG; (2) application of the statute of frauds is inappropriate...

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