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Moe v. Moe2/15/2005
See Jensen v. Peterson, 264 N.W.2d 139, 143 (Minn. 1978) (stating court need not apply out-of-pocket rule if its strict application would fail to do substantial justice); see also B.F. Goodrich Co., 430 N.W.2d at 183 (reasoning that recovery of out-of-pocket losses was inadequate when fraud caused plaintiff to lose his business and plaintiff would otherwise receive nothing). Under the district court's order, Kennard Moe will receive approximately $15,000 more in damages than his economic loss. At a minimum, this judgment should be reversed and remanded to the district court for a proper calculation of damages. The district court's order that the property be sold and the proceeds divided equally is not an appropriate remedy.
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