CAMENKER v. GREENE

No. 37,107.

251 Minn. 106 (1957)

86 N.W. (2d) 708

LOUIS CAMENKER AND ANOTHER v. B.R. GREENE.

Supreme Court of Minnesota.

November 29, 1957.


Attorney(s) appearing for the Case

Robert J. Karon and Harry T. Lathrop, for appellant.

Wheeler, Burns & Buchanan, for respondents.


MATSON, JUSTICE.

Appeal from a judgment for the plaintiff cancelling and satisfying a mortgage note and mortgage on the ground that the sum secured thereby constituted not a loan but a downpayment on an oral contract for the purchase of an interest in land.

Plaintiff, the record owner of lakeshore property in St. Louis County, brought this action for the cancellation of a $5,000 note and the mortgage given to secure the same on the ground that the $5,000 paid...

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