STARLITE LTD. v. LANDRY'S RESTAURANTS

Nos. A09-0859, A09-0995.

780 N.W.2d 396 (2010)

STARLITE LIMITED PARTNERSHIP, Respondent, v. LANDRY'S RESTAURANTS, INC. f/k/a Landry's Seafood Restaurants, Inc., a Delaware corporation, Appellant.

Court of Appeals of Minnesota.

March 30, 2010.


Attorney(s) appearing for the Case

David Bradley Olsen, John N. Bisanz, Jr., Henson & Efron, P.A., Minneapolis, MN, for respondent.

Peter W. Carter, P. Joshua Hill, Charles K. LaPlante, Dorsey & Whitney LLP, Minneapolis, MN, for appellant.

Considered and decided by LANSING, Presiding Judge; HALBROOKS, Judge; and RANDALL, Judge.


OPINION

LANSING, Judge.

In litigation arising from a guaranty of a lease agreement, the district court concluded that a lease that was accepted after the offer expired was an enforceable contract by virtue of waiver. On that theory, the district court granted summary judgment. Because we conclude that under Minnesota case law the doctrine of waiver cannot be used to extend the time for acceptance in the formation of a contract, we reverse and remand.

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