Legal Opinion

Gilbert v. Gilbert

Supreme Court of Minnesota

Decided December 13, 1912No. Nos. 17,970—(154)PublishedCited by 4 opinions

Action in the district court for Polk county to recover $8,498.50 for conversion. Prom an order, Watts, J., overruling defendants' demurrer to the amended complaint, they appealed.

1Opinion of the CourtHolt, J.

Appeal from an order overruling a demurrer to an amended complaint.

The original complaint appears to have been served in October,. 1907. In substance the cause of action therein alleged is this:

On December 4,1902, plaintiff owned certain lands in Polk county,, which he employed one Rosaaen to sell. It was then thought that this could be done more advantageously by conveying the lands to Rosaaen. Rosaaen was unable or unwilling to sell, and on September 26, 1903, it was mutually agreed between plaintiff and defendants that they should pay to Rosaaen such amounts as the latter had paid out at…

2Cases cited5 opinions

  1. Humphrey v. CarpenterSupreme Court of Minnesota · 1888
  2. Trebby v. SimmonsSupreme Court of Minnesota · 1888
  3. Barker v. KeithSupreme Court of Minnesota · 1865
  4. Gates v. ThatcherSupreme Court of Minnesota · 1866
  5. Thornton v. City of East Grand ForksSupreme Court of Minnesota · 1908

3Cited by4 opinions

  1. Nelson v. Glenwood Hills Hospitals, Inc.Supreme Court of Minnesota · 1953
  2. Haack v. CoughlanSupreme Court of Minnesota · 1916
  3. Stebbins v. Friend, Crosby & Co.Supreme Court of Minnesota · 1935
  4. Edelbrock v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1926

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