KROLL v. WINDSOR

No. 38,041.

259 Minn. 200 (1960)

107 N.W. (2d) 53

DOROTHY W. KROLL v. CURT WINDSOR, ALSO KNOWN AS CURTIS H. WINDSOR, JR.

Supreme Court of Minnesota.

December 16, 1960.


Attorney(s) appearing for the Case

Samuel G. Smilow, for appellant.

John C. DeMoss, for respondent.


LOEVINGER, JUSTICE.

Suit for recovery of money loaned, plus interest, in which usury is asserted as a defense.

Defendant sought a loan of $2,000 from the plaintiff. About the same time, plaintiff transferred certain lots to a third party for $3,900, concurrently signing a contract for deed to repurchase the same lots in 6 months for $4,850, plus 5-percent interest. Out of this $3,900, plaintiff loaned $2,000 to defendant upon an agreement that defendant should...

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