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APPLICATION OF JONES

No. 45834.

246 N.W.2d 578 (1976)

In re Application of Raymond W. JONES and Esther W. Jones to the Commissioner of Securities for Payment of Judgment Pursuant to Minn.Stat. 82.34 (1974).

Supreme Court of Minnesota.

October 15, 1976.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Peter W. Sipkins, Sol. Gen., Barry R. Greller, Special Asst. Atty. Gen., Thomas R. Muck and Robert W. Herr, Asst. Attys. Gen., St. Paul, for respondents.

Winter, Lundquist, Sherwood & Athens and A. H. Winter, Wheaton, for Jones.

Considered and decided by the court en banc.

TODD, Justice.

Raymond W. and Esther W. Jones (the Joneses) listed their lake cottage for sale with Worthington Realty, Inc., a corporation wholly owned and controlled by James Urbach (Urbach) and his wife. The premises were sold and the deed was delivered, but Urbach wrongfully converted the amount he was supposed to forward to the Joneses pursuant to the listing agreement (the purchase price minus expenses including commission). Thereafter, Urbach filed a bankruptcy...

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