Loppe v. Steiner

OPINION

MINGE, Judge.

The parties entered into a purchase agreement for the sale of residential property. Appellant buyer brought an action against respondent seller for specific performance and damages. Appellant challenges the district court’s judgment that relied on the unpled defense of abandonment and did not grant appellant’s claim for damages. Because the defense of abandonment was implicitly litigated by the parties and appellant does not show surprise or unfairness resulted from its consideration, we affirm the district court’s consideration of abandonment. Because the district court’s…