Marvin Lumber & Cedar Co. v. Johnson

MEMORANDUM AND ORDER

DEVITT, District Judge.

INTRODUCTION

In this diversity action for breach of contract and fraudulent and negligent misrepresentation arising out of a personal guarantee made to plaintiff by defendant, both plaintiff and defendant move for summary judgment. For the reasons stated below, plaintiff’s motion for summary judgment is granted, and defendant’s motion for summary judgment is denied.

BACKGROUND

Plaintiff Marvin Lumber and Cedar Co. is a Minnesota corporation whose principal place of business is Warroad, Minnesota. Plaintiff is a leading manufacturer of custom made wood…