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EKBERG v. THEIN

No. 42408.

191 N.W.2d 414 (1971)

Roy EKBERG and Pearl Ekberg, husband and wife, et al., Appellants, v. Peter J. THEIN, et al., Respondents.

Supreme Court of Minnesota.

October 22, 1971.

Attorney(s) appearing for the Case

Keith, Brown, Bins & Healy, and Thomas Elkins, Rochester, for appellants.

Altman, Geraghty, Leonard & Mulally, St. Paul, for respondents.

Heard before KNUTSON, C. J., and MURPHY, ROGOSHESKE, KELLY, and ODDEN, JJ.

OPINION

KELLY, Justice.

Plaintiffs appeal from a judgment by the district court determining that a certain real estate transaction consisted of a sale rather than a security agreement. We affirm.

Roy Ekberg, a plaintiff, bought the subject property on October 19, 1956, for $55,000. On September 23, 1958, title was transferred to the Ekberg Development Company (hereinafter Development Co.) by Ekberg and plaintiff Pearl Ekberg. On the same day the...

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