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SADOW v. LOSH

Docket Nos. 10164, 10165.

38 Mich. App. 404 (1972)

196 N.W.2d 350

SADOW v. LOSH COTTON v. SADOW

Michigan Court of Appeals.

Decided February 22, 1972.

Attorney(s) appearing for the Case

Alspector, Sosin, Mittenthal & Barson, P.C., for plaintiff Sadow.

Kahn & Kahn, for defendant Losh.

Vandeveer, Doelle, Garzia, Tonkin & Kerr, P.C. (by John M. Heaphy), for third-party defendant.

Before: V.J. BRENNAN, P.J., and J.H. GILLIS and VAN VALKENBURG, JJ.

Leave to appeal denied, 387 Mich. 811.

J.H. GILLIS, J.

On February 1, 1968, defendant Losh, as trustee under a trust mortgage, entered into an agreement with plaintiff Sadow to sell the Dryden Ski Area, real estate held by the defendant1 as trustee. At no time did the defendant seek or receive express approval from the mortgage note holders to sell the trust property to the plaintiff.2 Defendant Losh...

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