Birum v. Johnson
Supreme Court of Minnesota
Action in the district court for Redwood county to recover $5,000 for breach of promise of marriage. The case was tried before Webber, J., and a jury, which rendered a verdict in favor of plaintiff for $750. From an order denying a motion for a new trial, defendant appealed.
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Action in the district court for Redwood county to recover $5,000 for breach of promise of marriage. The case was tried before Webber, J., and a jury, which rendered a verdict in favor of plaintiff for $750. From an order denying a motion for a new trial, defendant appealed. Plaintiff is not entitled to recover without proving either (1) that she had requested defendant to marry her and he had refused; or (2) that prior to the commencement of the action defendant rendered himself incapable of fulfilling his promise by marrying another; or (3) that without request defendant absolutely and…
1Opinion of the CourtLovely, J.
Plaintiff recovered a verdict for the breach of a promise - of marriage. Upon a settled case, motion for a new trial was made, which was overruled. Defendant appeals.
The complaint alleges a promise by defendant to marry plaintiff as soon as he returned to Redwood Falls from a trip he was about to make to New Mexico and other places. The answer is a general denial. In support of the verdict, the evidence tends to show that the parties resided at Redwood Falls during the fall of 1899; that defendant repeatedly visited the plaintiff at her residence, paid her noticeable attentions, and engaged…
2Cases cited2 opinions
- Vanderpool v. RichardsonMichigan Supreme Court · 1883
- Hahn v. PenneySupreme Court of Minnesota · 1895
3Cited by5 opinions
- Langford v. IssenhuthSouth Dakota Supreme Court · 1912
- Hill v. JonesSupreme Court of Minnesota · 1909
- Vaughan v. SmithIndiana Supreme Court · 1911
- McQuillen v. EvansIllinois Supreme Court · 1933
- Smillie v. MendozaSupreme Court of Colorado · 1920