LY v. NYSTROM

No. C6-99-565.

615 N.W.2d 302 (2000)

Hoang Minh LY d/b/a Lee's Garden, petitioner, Appellant, v. Kim NYSTROM, et al., Respondents.

Supreme Court of Minnesota.

August 3, 2000.


Attorney(s) appearing for the Case

Barbara R. Kueppers, Mpls., Ksenia Rudensiuk, St. Paul, for appellant.

Stephen William Hance, Martin & Squires, P.A., St. Paul, for respondents.

Mike Hatch, Atty. Gen., Prentiss Cox, St. Paul, for amicus curiae State of Minn.

Thomsen & Nybeck, P.A., Donald D. Smith, David J. McGee, Edina, for amicus curiae Minn. Assn. of Realtors.

Will Mahler Law Office, Will Mahler, Rochester, for amicus curiae Council on Asian-Pacific Minnesotans.

Meagher & Geer, P.L.L.P., William H. Hart, Thomas E. Propson, Jenneane L. Jansen, Minniapolis, for amicus curiae Legal Aid Society of Minneapolis.

Winthrop & Weinstein, P.A., Thomas H. Boyd, Charles Schoenwetter, St. Paul, for amicus curiae Southern Minnesota Regional Legal Services.

Lind, Jensen, Sullivan & Peterson, P.A., William L. Davidson, Minneapolis, for amicus curiae Minn. Defense Lawyers Assn.

Heard, considered and decided by the court en banc.


OPINION

STRINGER, Justice.

During negotiations between appellant Hoang Minh Ly and respondent Kim Nystrom for the purchase of respondent's restaurant, respondent made misrepresentations to appellant relating to monthly profits and the condition of the restaurant and its inventory. The restaurant never made a profit and discussion between the parties led to a contract cancellation. Appellant then brought suit alleging common law fraud and a violation of Minnesota...

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