A09-876, BankCherokee, Respondent, vs. Insignia Development, LLC, Defendant, Jeffrey M. Schoenwetter, Appellant.

State: Minnesota

Docket No: A09-876

Case Date: 03/30/2010

Preview:STATE OF MINNESOTA IN COURT OF APPEALS A09-876 BankCherokee, Respondent, vs. Insignia Development, LLC, Defendant, Jeffrey M. Schoenwetter, Appellant. Filed March 16, 2010 Affirmed Kalitowski, Judge Ramsey County District Court File No. 62-CV-08-4167 John F. Kelly, Thomas M. Scott, Campbell Knutson, Eagan, Minnesota (for respondent) Charles J. Schoenwetter, Michael R. Carey, Bowman and Brooke LLP, Minneapolis, Minnesota (for appellant) Considered and decided by Ross, Presiding Judge; Kalitowski, Judge; and Stauber, Judge. SYLLABUS 1. Fraud in the execution is a statement or conduct that misrepresents the

character or essential terms of a proposed contract, and that induces an apparent manifestation of assent by one who neither knows nor has reasonable opportunity to know of the character or essential terms of the proposed contract.

2.

Summary judgment is appropriate on a claim of fraud in the execution if

undisputed evidence establishes that the party claiming fraud had a reasonable opportunity to know the character or essential terms of the proposed contract. 3. The provision in Minn. Stat.

Download A09-876, BankCherokee, Respondent, vs. Insignia Development, LLC, Defendant, Jef