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HESSELGRAVE v. HARRISON

No. CX-88-1898.

435 N.W.2d 861 (1989)

Calvin E. HESSELGRAVE, Respondent, v. Milton HARRISON, Appellant.

Court of Appeals of Minnesota.

Review Denied April 24, 1989.

Attorney(s) appearing for the Case

Frank T. Mabley, Greenstein, Mabley & Wall, Roseville, for respondent.

Larry E. Reed, Hassan & Reed, Ltd., Minneapolis, for appellant.

Heard, considered and decided by CRIPPEN, P.J., and RANDALL and BOWEN, JJ.

OPINION

ROBERT E. BOWEN, Acting Judge.

Harrison appeals from a summary judgment determining that he was unjustly enriched and liable to Hesselgrave for restitution. We reverse and remand for entry of judgment in favor of appellant.

FACTS

In April 1980, Harrison purchased a home from Hesselgrave and financed the purchase by a second mortgage in favor of Hesselgrave, which was duly recorded. Hesselgrave had previously encumbered the property...

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