Legal Opinion
Bank Midwest, Minnesota, Iowa, N.A. v. Lipetzky
Supreme Court of Minnesota
Decided January 15, 2004No. C1-02-1747PublishedCited by 26 opinions
1Opinion of the Court
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 not a “transfer.” We reverse the court of appeals and reinstate the decision of the district court.
On November 9, 1993, James and Tamara…
2Cases cited13 opinions
- Donnay v. BoulwareSupreme Court of Minnesota · 1966
- Denelsbeck v. Wells Fargo & Co.Supreme Court of Minnesota · 2003
- Republic National Life Insurance Co. v. Lorraine Realty Corp.Supreme Court of Minnesota · 1979
- Employers Liability Assurance Corp. v. MorseSupreme Court of Minnesota · 1961
- In Re Petition of S. R. A., Inc.Supreme Court of Minnesota · 1942
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Carlson v. Allstate Insurance Co.Supreme Court of Minnesota · 2008
- In Re the Cities of Annandale & Maple Lake NPDES/SDS Permit Issuance for the Discharge of Treated WastewaterSupreme Court of Minnesota · 2007
- Northern States Power Co. v. Minnesota Metropolitan CouncilSupreme Court of Minnesota · 2004
- Jerry's Enterprises, Inc. v. U.S. Specialty Insurance Co.Court of Appeals for the Eighth Circuit · 2017
- Bores v. Domino's Pizza, LLCCourt of Appeals for the Eighth Circuit · 2008
21 more not listed; retrieve them via the Exa API.