Gagne v. Hoban

Murphy, Justice.

This is an appeal from an order of the district court denying defendant’s motion for amended findings or for a new trial. The trial court found that in a transaction between the parties a deed and an option to purchase back certain real estate was an equitable mortgage rather than *477a sale with an option to purchase, as contended by defendant. Defendant argues that the written instruments and all of the facts and circumstances surrounding the transaction require a finding that the parties intended a sale and purchase rather than a security transaction.

From the record it appears…