Robert M. Larsen v. Einar C. Erickson

ROSS, Circuit Judge.

This diversity case comes before us from an order of the district court granting summary judgment to plaihtiff Robert Larsen. We reverse and remand for further proceedings.

Larsen, a resident of Minnesota, brought this suit to recover $150,000 plus interest on a note executed by the defendants. 1 Larsen is the payee under the terms of the note. The note was executed on August 25, 1974, and was made payable on demand subsequent to January 24, 1975. On May 21,1975, Larsen demanded that payment be made on or before May 28, 1975. Payment was refused.

In the court below, the…