GAGNE v. HOBAN

No. 40589.

159 N.W.2d 896 (1968)

Francis D. GAGNE, Respondent, v. Harold A. HOBAN, Appellant.

Supreme Court of Minnesota.

June 28, 1968.


Attorney(s) appearing for the Case

Warner, Ratelle, Hennessy, Vander Vort & Stasel, Minneapolis, for appellant.

Wegner, Wegner & Amerman, Minneapolis, for respondent.


OPINION

MURPHY, Justice.

This is an appeal from an order of the district court denying defendant's motion for amended findings or for a new trial. The trial court found that in a transaction between the parties a deed and an option to purchase back certain real estate was an equitable mortgage rather than a sale with an option to purchase, as contended by defendant. Defendant argues that the written instruments and all of the facts and circumstances surrounding...

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