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BANK MIDWEST v. LIPETZKY

No. C1-02-1747.

674 N.W.2d 176 (2004)

BANK MIDWEST, MINNESOTA, IOWA, N.A., Respondent, v. Jerome LIPETZKY, et al., Appellants, James Lipetzky, et al., Respondents.

Supreme Court of Minnesota.

January 15, 2004.

Attorney(s) appearing for the Case

Michael S. Dove, Peter D. Favorite, Gislason & Hunter LLP, New Ulm, MN, for Respondent Bank Midwest, Minnesota, Iowa, N.A.

Thomas W. Van Hon, Fairfax, MN, for Respondent James Lipetzky, et al.

John H. Schnobrich, Jennifer L.J. Gilk, Redwood Falls, MN, for Appellant Jerome Lipetzky, et al.

Heard, considered, and decided by the court en banc.

OPINION

HANSON, Justice.

The question presented in this appeal is whether the grant of a mortgage by a contract for deed vendee without the consent of the contract for deed vendor is a breach of a consent clause that provides "Buyer agrees they cannot sell, transfer or assign this property without written permission or consent of seller." The district court concluded that it is, but the court of appeals disagreed, holding that the grant of a mortgage is...

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