Docket No. 52, Calendar No. 47,512.

354 Mich. 499 (1958)

93 N.W.2d 288


Supreme Court of Michigan.

Decided December 2, 1958.

Attorney(s) appearing for the Case

Donald P. Schuur and Patrick J. Keating, for plaintiff.

Donald W. Grant, for defendant Young John Moore.


The question before us is whether the described transaction is a sale of property, or a loan of money (at a usurious rate of interest), secured by what we are asked to hold is a mortgage.

Defendant Moore, and then wife Elfriede, were desirous of buying a home. One John Stoppert owned the house and lot they wanted. Through White Brothers, brokers, the Moores entered into a written agreement for the purchase. The sale price in the preliminary agreement...

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