TORGERSON-FORSTROM H.I. v. OLMSTED FED. SAV.

No. C2-82-814.

339 N.W.2d 901 (1983)

TORGERSON-FORSTROM H.I. OF WILLMAR, INC., et al., Appellants, v. OLMSTED FEDERAL SAVINGS AND LOAN ASSOCIATION, etc., et al., Respondents.

Supreme Court of Minnesota.

November 10, 1983.


Attorney(s) appearing for the Case

David L. Graven, Larry M. Wertheim, Holmes & Graven Chartered, Minneapolis, for appellants.

Stephen J. Beatty, William J. Utermohlen, Hessian, McKasy, & Soderberg, Minneapolis, for respondents.

Considered and decided by the court en banc without oral argument.


COYNE, Justice.

This action for breach of contract and tortious interference with contract arises out of defendant savings and loan associations' refusal to consent to the plaintiff mortgagor's sale of the mortgaged property without an increase in the interest rate. At issue is the extent to which a mortgagee's agreement that "consent shall not be unreasonably withheld" limits the enforceability of a due-on-sale clause. Plaintiffs appeal from the order of the Kandiyohi...

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