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ESTATE OF JONES BY BLUME v. KVAMME

No. C9-87-2367.

430 N.W.2d 188 (1988)

ESTATE OF Emlyn JONES, Deceased, by Lorraine J. BLUME, its personal representative, Respondent, v. J. Peder KVAMME, et al., Appellants.

Court of Appeals of Minnesota.

Review Granted December 1, 1988.

Attorney(s) appearing for the Case

Daniel P. Taber, Minneapolis, Kevin O'Connor Green, Mankato, for respondent.

Jeffrey F. Shaw, Briggs and Morgan, St. Paul, for J. Peder Kvamme.

C. Allen Dosland, New Ulm, for John Kvamme.

Heard, considered and decided by FOLEY, P.J., and HUSPENI and RANDALL, JJ.

OPINION

HUSPENI, Judge.

Lorraine Blume brought this rescission action in February 1982 alleging that Peder Kvamme defrauded her late husband, Emlyn Jones, by personally purchasing his 11 shares of Kato Engineering stock for $5,500 while representing that the stock could only be sold back to the corporation as treasury stock. Blume also sought a constructive trust on the proceeds of the stock, which Kvamme had transferred to his children.

The trial...

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