Gagne v. Hoban

159 N.W.2d 896 (1968)

Francis D. GAGNE, Respondent,

v.

Harold A. HOBAN, Appellant.

No. 40589.

Supreme Court of Minnesota.

June 28, 1968.

Warner, Ratelle, Hennessy, Vander Vort & Stasel, Minneapolis, for appellant.

Wegner, Wegner & Amerman, Minneapolis, for respondent.

OPINION

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 a sale with an option to purchase,…