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PIONEER PEAT v. QUALITY GRASSING & SERV.

No. C0-02-413.

653 N.W.2d 469 (2002)

PIONEER PEAT, INC., Respondent, v. QUALITY GRASSING & SERVICES, INC., Defendant, and Pioneer Peat, Inc., Respondent, v. Richard Colyer, et al., Appellants.

Court of Appeals of Minnesota.

November 26, 2002.

Attorney(s) appearing for the Case

Rex A. Hammarback, Hammarback Law Office, East Grand Forks, MN, for respondent.

Patrick R. Morley, Kraig A. Wilson, Morley Law Firm, Ltd., Grand Forks, ND, for appellants.

Considered and decided by LANSING, Presiding Judge, RANDALL, Judge, and WILLIS, Judge.

OPINION

LANSING, Judge.

This appeal involves a dispute between a peat-moss supplier and a company that blends topsoils for golf-course greens. The district court found that the contract for a shipment of peat did not create a warranty by sample, the buyer did not reject the peat in a timely manner, the supplier was denied a reasonable opportunity to cure, and the ambiguity in the attorneys' fees provision should be construed against the supplier. The record...

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