ENGELSMA v. SUPERIOR PRODUCTS MANUFACTURING CO.

No. 43810.

212 N.W.2d 884 (1973)

Lloyd ENGELSMA, d. b. a. McCarron Hills Shopping Center, Appellant, v. SUPERIOR PRODUCTS MANUFACTURING COMPANY, Respondent.

Supreme Court of Minnesota.

November 30, 1973.


Attorney(s) appearing for the Case

Gainsley, Squier & Gainsley and Phillip Gainsley, Minneapolis, for appellant.

Fredrikson, Byron, Colborn, Bisbee, Hansen & Perlman and James L. Baillie, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, and KELLY, JJ.


PER CURIAM.

The issue raised on this appeal is whether a landlord's so-called floating lien or a contract vendor's conditional sales contract has priority with respect to the property of a bankrupt tenant. The trial court held that the vendor's purchase money security interest prevails and we affirm.

The case was presented on a stipulation of facts without taking testimony. On August 19, 1965, plaintiff Lloyd Engelsma's predecessor in interest as landlord...

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