Gammons v. Johnson
Supreme Court of Minnesota
Action in the district court for Grant county to recover $90 for services performed and money expended for defendant. The case was tried before C. L. Brown, J., and a jury, which rendered a verdict in favor of plaintiff for $-10; and from an order denying a motion for a new trial, defendant appealed. The contract being void, suit may be maintained on a quantum meruit. 3 Am. & Eng.
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Action in the district court for Grant county to recover $90 for services performed and money expended for defendant. The case was tried before C. L. Brown, J., and a jury, which rendered a verdict in favor of plaintiff for $-10; and from an order denying a motion for a new trial, defendant appealed. The contract being void, suit may be maintained on a quantum meruit. 3 Am. & Eng. Enc. 86; Gammons v. Johnson, 69 Minn. 488; King v. Brown, 2 Hill, 485. See also Burlingame v. Burlingame, 7 Cow. 92; Clark v. Davidson, 53 Wis. 317; Lockwood v. Barnes, 3 Hill, 128; Stearns v. Felker, 28 Wis. 594;…
1Opinion of the CourtMitchell, J.
This is the third case, growing out of the same contract between the defendant and one Huber, which has been before this court. Huber v. Johnson, 68 Minn. 74, 70 N. W. 806; Gammons v. Johnson, 69 Minn. 488, 72 N. W. 563.
The provisions of the contract are quite fully stated in the opinion in Huber v. Johnson, supra. That action was brought by Huber himself to recover on the express contract, and this court held that the contract was against public policy and void, and that no recovery could be had upon it.
The second action (69 Minn. 488, 72 N. W. 563) was brought by *78the present plaintiff (who…
2Cases cited2 opinions
- Huber v. JohnsonSupreme Court of Minnesota · 1897
- Gammons v. JohnsonSupreme Court of Minnesota · 1897
3Cited by20 opinions
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- In Re Disbarment of John D. GreathouseSupreme Court of Minnesota · 1933
- Hightower v. Detroit Edison Co.Michigan Supreme Court · 1933
- State Ex Inf. McKittrick v. C. S. Dudley & Co.Supreme Court of Missouri · 1937
- Holland v. SheehanSupreme Court of Minnesota · 1909
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