Schaake Packing Co. v. Croshaw

Per Curiam.

The appellants by their cross complaint contend that the deed which they executed and delivered to the respondents was in fact a mortgage.

We have carefully considered the briefs, the oral arguments and the record. There is substantial evidence to support the trial court’s finding that the transaction between the appellants and the respondents was a sale with an option to repurchase and not a mortgage.

This factual determination is decisive of the litigation.

The judgment is affirmed.

June 1, 1965. Petition for rehearing denied.