Strouth v. Wilkison

MacLaughlin, Justice.

This is an action to recover damages for misrepresentation and breach of contract. Defendant appeals from the trial court’s judgment awarding plaintiffs damages in the sum of $41,300, together with costs and disbursements. The trial court decided the case on the theory of fraudulent misrepresentation. We affirm in part and reverse in part.

The material facts in this case are not in dispute. Plaintiffs, husband and wife, are doctors on the staff of the East Kange Clinic at Virginia, Minnesota. Defendant, at the time the contract was entered, was employed as an electrician…