BEASY v. MISKO

No. 43956.

211 N.W.2d 881 (1973)

Peter J. BEASY and Ailee M. Beasy, husband and wife, Respondents, v. John MISKO and Isabelle M. Misko, husband and wife, Appellants.

Supreme Court of Minnesota.

November 2, 1973.


Attorney(s) appearing for the Case

Paul A. Kyyhkynen and Warren H. Puelston, Minneapolis, for appellants.

Louis J. Moriarty and Michael J. Mollerus, Minneapolis, for respondents.

Heard before KNUTSON, C. J., and KELLY, TODD, and SCOTT, JJ., and considered en banc.


PER CURIAM.

Defendants appeal from a denial of their alternative motion for judgment notwithstanding the verdict or for a new trial. The jury by a five-sixths verdict determined that a warranty deed given by plaintiffs to defendants was in effect and in fact a mortgage, part of a loan transaction, and not an absolute sale. We affirm.

The testimony offered by the parties in this case was diametrically opposed as to the circumstances giving rise to the delivery...

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