Goodhue State Bank v. Luhman

490 N.W.2d 152, 1992 Minn. App. LEXIS 1024, 1992 WL 251502
CourtCourt of Appeals of Minnesota
DecidedOctober 6, 1992
DocketNo. C6-92-493
StatusPublished

This text of 490 N.W.2d 152 (Goodhue State Bank v. Luhman) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodhue State Bank v. Luhman, 490 N.W.2d 152, 1992 Minn. App. LEXIS 1024, 1992 WL 251502 (Mich. Ct. App. 1992).

Opinion

OPINION

RANDALL, Judge.

Appellant challenges the sufficiency of evidence for a verdict finding there was a valid assignment of hers and her husband’s vendors’ interest in a contract for deed on 160 acres of farmland. Appellant also claims the assignment agreement is void for failure to comply with the statute of frauds. We affirm on both issues.

FACTS

Appellant Mildred Luhman and her husband H. Raymond Luhman (now deceased) sold 160 acres of farmland to their son, Allan Luhman (Luhman), and his wife on a contract for deed for $120,000. Luhman had a line of credit in his own name at respondent Goodhue State Bank for farming operations from 1976 through 1987. Respondent asked Luhman for additional collateral to support his increasing farm line. Luhman and his wife assigned their vendees’ interest in the contract for deed to respondent on June 1, 1981. It was recorded on June 17. Pursuant to respondent’s request, appellant and her husband assigned their vendors’ interest in that same contract for deed to respondent on June 3. The bank wanted the assignment of the sellers as additional collateral to support Luhman’s line of credit. At the time of the assignment, the property was valued at $240,000, and the balance owing on the contract for deed by Luhman was $111,000. Luhman’s line of credit was $126,039.44, and by the time of trial the line had increased to $211,782.68.

Luhman went bankrupt in 1987. The contract for deed was canceled and the property went back to appellant. Respondent settled with Luhman for part of its claims. The assignment of appellant’s vendor’s interest was now recorded by the bank on April 18, 1988. Respondent brought a foreclosure action against appellant, individually and as personal representative of her husband’s estate. A jury found by special verdict that appellant and her husband had assigned their entire vendors’ interest. Judgment was entered for respondent granting a decree of fore[154]*154closure, subject to appellant’s right of redemption. Appellant claims, 1) there is insufficient evidence to show she and her husband intended to assign their entire vendors’ interest in the property as collateral for Luhman’s line of credit; 2) the assignment was void for failure to satisfy the statute of frauds.

ISSUES

1. Was there sufficient evidence to support the jury’s finding that appellant and her husband had assigned to respondent all their vendors' interest in the contract for deed as collateral for their son’s debt?

2. Was the assignment void for failure to comply with the statute of frauds?

ANALYSIS

I.

Sufficiency of Evidence

Upon review, a jury’s answers to a special verdict form will be upheld unless they are palpably contrary to the evidence. Wirig v. Kinney Shoe Corp., 461 N.W.2d 374, 381 (Minn.1990). The answers will not be set aside unless the evidence is so clear that reasonable people could not differ. Hauenstein v. Loctite Corp., 347 N.W.2d 272, 275 (Minn.1984); Karnes v. Milo Beauty & Barber Supply Co., Inc., 441 N.W.2d 565, 567 (Minn.App.1989), pet. for rev. denied (Minn. Aug. 15, 1989). The evidence must be reviewed in the light most favorable to the verdict. Karnes, 441 N.W.2d at 567.

The assignment agreement stated that appellant and her husband assigned their vendors’ interest to respondent. There is no specific language carving out anything less than their entire interest, both their lien upon the unpaid portion of their son’s interest and their equity in the rest of the land, as the security interest. The agreement is silent except as to limitations. It is, on its face, a general assignment without limitation. Appellant argues they intended to assign something less than their entire vendors’ interest in the contract for deed. To support her argument, appellant points out that Luhman’s monthly payments continued to be paid to appellant and her husband rather than the bank. This is not determinative. Appellant’s interest in this contract for deed included the right to receive payments as well as a lien on the land. See Pelser v. Gingold, 214 Minn. 281, 287-88, 8 N.W.2d 36, 40 (1943). The bank did not have to request the monthly payments from Luh-man to perfect its security interest in the property. It had written assignments of both the vendee’s and the vendor’s interest which entitled it to foreclose if Luhman defaulted. This assignment was for security only and did not require appellant and her husband to also give up the right to the monthly payments. See Midtaune v. Burns, 434 N.W.2d 474, 476 (Minn.App.1989), pet. for rev. denied (Minn. Mar. 29, 1989).

Appellant argues their intent was to allow Luhman to use his equity in the contract for deed as collateral, but not the amount Luhman still owed to appellant and her husband. Appellant claims this is an essential term of the contract, and since it is not clearly indicated, the contract must fail. Ambiguity exists when the language of a document is reasonably susceptible to more than one meaning. Metro Office Parks Co. v. Control Data Corp., 295 Minn. 348, 351, 205 N.W.2d 121, 123 (1973). Interpretation of this ambiguity was left to the jury. The jury finding will not be disturbed unless clearly erroneous. See Minn.R.Civ.P. 52.01. When deciding whether a finding is clearly erroneous, the evidence is viewed in favor of the findings. Caroga Realty Co. v. Tapper, 274 Minn. 164,169,143 N.W.2d 215, 220 (1966). Since respondent already had an assignment of Luhman’s vendee’s interest in the contract for deed, it had no reason for appellant’s signature if it was only to shore up its lien on Luhman’s interest. Respondent already had the lien on that interest. Also, appellant and her husband did not have the right to sign away Luhman’s interest in the property but they had the right to assign their own. The jury finding that they intended to assign their entire vendor’s interest in [155]*155the contract for deed was not clearly erroneous.

Appellant claims there is insufficient evidence to show that she and her husband agreed to assign their entire vendors’ interest in the contract for deed as collateral for their son’s debt. She argues the assignment agreement does not indicate the reason for the assignment, that it was given as collateral for Luhman’s farm line. We disagree. Respondent’s loan officer testified that was the reason for the assignment. In addition, the assignment did not restrict the amount being assigned. Respondent relied upon the assignment by extending the farm line to an amount close to the value of the property involved, and listed the interest as collateral on promissory notes, security agreements, and loan comment sheets related to the farm line. Respondent continued to loan money to Luhman, exceeding his equity interest in the contract, up to an amount close to the value of the land.

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Related

Wirig v. Kinney Shoe Corp.
461 N.W.2d 374 (Supreme Court of Minnesota, 1990)
Hauenstein v. Loctite Corp.
347 N.W.2d 272 (Supreme Court of Minnesota, 1984)
Frost-Benco Electric Ass'n v. Minnesota Public Utilities Commission
358 N.W.2d 639 (Supreme Court of Minnesota, 1984)
Midtaune v. Burns
434 N.W.2d 474 (Court of Appeals of Minnesota, 1989)
CAROGA REALTY COMPANY v. Tapper
143 N.W.2d 215 (Supreme Court of Minnesota, 1966)
Karnes v. Milo Beauty & Barber Supply Co.
441 N.W.2d 565 (Court of Appeals of Minnesota, 1989)
Esselman v. Production Credit Ass'n of St. Cloud
380 N.W.2d 183 (Court of Appeals of Minnesota, 1986)
County of Lake v. Courtney
451 N.W.2d 338 (Court of Appeals of Minnesota, 1990)
Metro Office Parks Co. v. Control Data Corp.
205 N.W.2d 121 (Supreme Court of Minnesota, 1973)
Pelser v. Gingold
8 N.W.2d 36 (Supreme Court of Minnesota, 1943)
The Marckel Co. v. Raven
242 N.W. 471 (Supreme Court of Minnesota, 1932)

Cite This Page — Counsel Stack

Bluebook (online)
490 N.W.2d 152, 1992 Minn. App. LEXIS 1024, 1992 WL 251502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodhue-state-bank-v-luhman-minnctapp-1992.