*1 negate advantage fitness would of ten- Further, 125.12,
ure.” we held that section appropriate termination
subd. is the stat- remediability
ute to use when under- possibility.
lying problem is a In the Id. us,
case before correction of the deficiencies
charged possibility. physical was a Ganyo’s
health and welfare' of students was question. Allegations possible
never in
psychological spec- harm in the record were teacher, statute,
ulative. The must be
given time which reasonable to correct Considering
the deficiencies outlined. district, years
teacher’s 17 of service in the elsewhere, years teaching
in addition to 8
it seems harsh аnd unreasonable to accord only 5 weeks after notice of defi-
ciency before the first observation and 8
weeks before the notice of termination to
remedy years teaching practice
was now labeled deficient for the first time.
Such a limited time under the facts and
circumstances of this case is unreasonable
as a matter law. respondent
We reverse and order school
district petitioner compen- to reinstate with 125.12, providеd by
sation as Minn.Stat. §
subd. 11
Reversed.
The FIRST NATIONAL BANK OF ST.
PAUL, Appellant, RAMIER, Special Administrator
o the Estate of Ronald A. f Rohloff, deceased, Respondent, Rohloff, Respondent, Hoff, al.,
Lawrence O. et Defendants. *2 purpose facilitating the stated of Roh- Hennepin
loff’s of a residence in County simultanеously he attempted while Pennington County to sell his residence. fact, Hennepin County property the was purchased February by 1979 Ronald Roh- herein, Betty, loff and his wife a defendant > tenants. on October Ronald’s death before promissory prompt- the satisfaction оf note plaintiff payment ed the to seek in full surviving spouse. from the decedent’s Bet- ty liability upon denied the basis that she promissory the did nоt execute note. The commenced this bank then action judicial declaration that obtain by Rohloff had been enriched rеtention of the of the loan and thereby was an the bank entitled equitable against lien the homestead or the imposition of a constructive trust the $50,000obligation. extent The dis- requested the upon trict court denied relief legal rejection equitable its the and theо- of recovery by plaintiff. advanced the ries of dispute There is no over the facts that Betty was aware of both the of existеnce application of its and Morgan, Paul, & Briggs St. purchase of the to the Rohloffs’ second resi- Ramier, George pro Minneapolis, se. However, dence. the trial court cor- Hance, Minneapolis, for- re- Edward en- rejecting theory rect in the bank’s spondent Betty J. Rohloff. equitable mortgage titlement to an lien or
or the rule, general equity,
As a when the real nature of the transaction between loan, parties upon is that of a advanced WAHL, Justice. granted security realty to the plaintiff First National Bank St. an making may it be treated as appeals from an amended order mortgage, equitable regard without to the County Hennepin granting District Court convey the instrument of аctual form of summary judgment in favor of the defend- province ance. It is within of the trial Ramier, ants et al. affirm. We determine, by looking beyоnd court to February 14, 1979, plaintiff On form, the actual character óf the transac the now deceased Ronald A. Rohloff en- Engel, tion. Sanderson agreement into an tered unsecured loan (1931) Building and Minnesota N.W. 450 $50,- plaintiff’s called for the Closs, loan & Loan Association v. exchange note exe- 000 in for a equitable An N.W. 872 mort full, requiring payment cuted Rohloff gage parties when is created agreement, essentially in accordance with a renewal transaction intended to be plain- than security not later October 1979. The An transaсtion. examination argues “swing tiff loan” was made the documents of record discloses no indica- Falls, pur- the bank or and the loan аllowed them to
tion that either of decedent, chase a new home before the old one was intended the loan fact, obligation sold. to be a secured by the bank conclu-
renewal note drafted
Mr. Rohloff died before the note became
sively states that
it is an unsecured loan.
due.
Rohloff was not a
to the
circumstances, a determination
Under those
pur-
but
its
were used for
*3
equitable mortgage or lien was
that an
joint
tenancy.
chase of the new home in
wholly
the transaction would be
created
Although
aсquired
had
some
Rohloffs
inappropriate.
during
marriage,
wealth
their
there are in-
probate
sufficient
assets in Mr. Rohloff’s
additionally argues
The bank
debt,
pay
estate to
and Mrs. Rohloff has
clearly
that the
the facts
demonstrated
de
pay
refused to
the debt because she did not
Betty
unjustly
fendant
Rohloff benefited
sign
agreement. Appellant sought
the loan
from the terms of the loan
impose
hаve
a
the district court
construc-
judicial imposition
a
construc
benefit,
property
tive
on
trust
for its
necessary
protect
tivе trust
is
its inter
refused,
that,
finding
but the court
because
argument
ests. This
must also fail because
improper
there was no evidence of
cоnduct
recently in
as we indicated most
Iverson v.
Rohloff,
part
Betty
a
on
constructive
168,
Fjoslien,
213
298 Minn.
N.W.2d 627
remedy.
trust was not an available
(1973), unjust enriсhment claims do
lie
not
Improper
prerequisite
conduct is not a
for
simply
because one
benefits from the
imposition
of а constructive trust
others,
obligations
efforts or
but instead
ap-
A
Minnesota.
constructive trust
is an
a
must be shown that
propriate remedy whenever the court finds
“unjust
enriched in the sense that the term
unjust
enrichment would otherwise re-
ly”
illegally
unlawfully.
or
could mean
See,
Nesheim,
g., Thompson
sult.
e.
v.
280
Sheasgreen Holding
Dworsky,
Co.
181
407, 415,
910,
(1968).
Minn.
159 N.W.2d
917
79,
(1930).
case of enrichment. To hold other- availability
wise in this case will inhibit the
of loans that enable families to
new home whenever economic conditions
require they them to relocate before have opportunity previous
had to sell the
home.
SHERAN, (dissenting). Chief Justice join
I in the dissent of Justice Yetka. *4 Minnesota, Respondent,
STATE of HUDSON, Appellant.
John H. Jones, Defender, Anthony
C. Public Schumacher, Defender, Asst. Public Minne- apolis,