Legal Opinion
Berg v. Xerxes-Southdale Office Building Co.
Supreme Court of Minnesota
Decided February 29, 1980No. 49733PublishedCited by 39 opinions
1Opinion of the Court
TODD, Justice.
The respondents sought to foreclose a mortgage given to them by the appellant, a limited partnership. The partnership counterclaimed, alleging fraud, and seeking to have the mortgage declared satisfied. Because the trial court believed that the alleged fraudulent acts related to future events and were thus not actionable, and that, even if there had been fraud, it had been waived, the court allowed the mortgage foreclosure. We reverse and remand.
Roy A. Berg and the other respondents formed a limited partnership for the purpose of acquiring, managing, and operating certain…
2Cases cited4 opinions
- Davis v. Re-Trac Manufacturing CorporationSupreme Court of Minnesota · 1967
- Spiess v. BrandtSupreme Court of Minnesota · 1950
- Rosenquist v. BakerSupreme Court of Minnesota · 1948
- Alden v. WrightSupreme Court of Minnesota · 1891
3Cited by39 opinions
- In the Matter of Rodney Dale Coston and Billie Katherine Coston, Debtors. Rodney Dale Coston and Billie Katherine Coston v. Bank of MalvernCourt of Appeals for the Fifth Circuit · 1993
- Austin v. LoftsgaardenCourt of Appeals for the Eighth Circuit · 1982
- Midland National Bank of Minneapolis v. PerranoskiSupreme Court of Minnesota · 1980
- TROOIEN v. MansourCourt of Appeals for the Eighth Circuit · 2010
- 4 soc.sec.rep.ser. 216, Medicare&medicaid Gu 33,636 Rochester Methodist Hospital, a Minnesota Non-Profit Corporation v. The Travelers Insurance Company, a Connecticut Corporation, U.S. Department of Health and Human Services, Rochester Methodist Hospital, a Minnesota Non-Profit Corporation v. The Travelers Insurance Company, a Connecticut Corporation, U.S. Department of Health and Human Services. Rochester Methodist Hospital, a Minnesota Non-Profit Corporation v. The Travelers Insurance Company, a Connecticut Corporation, and U.S. Department of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1984
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