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SUNSET PLAZA, INC. v. OHIO NATIONAL LIFE INSURANCE CO.

No. 4-61-Civ.-50.

210 F.Supp. 305 (1962)

SUNSET PLAZA, INC., Plaintiff, v. The OHIO NATIONAL LIFE INSURANCE COMPANY, Defendant.

United States District Court D. Minnesota, Fourth Division.

November 2, 1962.

Attorney(s) appearing for the Case

Armin M. Johnson, Faegre & Benson, Minneapolis, Minn., for plaintiff.

Wells J. Wright and William R. Rosengren, Wright & West, Minneapolis, Minn., for defendant.

DEVITT, Chief Judge.

This is an action for the recovery of $11,000, plus interest, paid by the plaintiff, Sunset Plaza, Inc., to the defendant, The Ohio National Life Insurance Company. That sum was paid as a condition of the acceptance of a mortgage commitment of $550,000 tendered by the defendant to the plaintiff on March 24, 1960, and accepted by the plaintiff on April 11, 1960. The commitment fee was to be refunded "if and when this loan is closed." The loan was...

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