Guidarelli v. Lazaretti

This action was brought by Elio Guidarelli to set aside a mortgage foreclosure sale on the ground that mortgagee-defendant, Raymond Lazaretti, who bid the property in, was unjustly enriched. The trial court granted defendant’s motion for judgment on the pleadings and dismissed plaintiff’s cause of action for failure to state a claim upon which relief could be granted. We affirm.

In 1960, plaintiff purchased a house in Hennepin County. In 1962, he borrowed $50,000 from defendant, executing a promissory note to defendant in that amount which was secured by a mortgage on the house. In 1967…