Marsh v. Webber
Supreme Court of Minnesota
This action was brought in the District Court for Dakota County. The complaint alleges, substantially, that plaintiff purchased of defendant 432 sheep for $1,275; that the defendant, ‘to induce plaintiff, to buy said sheep, at said price, falsely and fraudulently represented to the plaintiff that the sheep “ were all sound and right, and free from any disease ”; that defendant, relying upon these false and 'fraudulent representations, and believing them to be true, purchased…
Read the full summary
This action was brought in the District Court for Dakota County. The complaint alleges, substantially, that plaintiff purchased of defendant 432 sheep for $1,275; that the defendant, ‘to induce plaintiff, to buy said sheep, at said price, falsely and fraudulently represented to the plaintiff that the sheep “ were all sound and right, and free from any disease ”; that defendant, relying upon these false and 'fraudulent representations, and believing them to be true, purchased the sheep, paid said sum to plaintiff therefor, and defendant delivered the sheep ; that the sheep at the time of said…
1Opinion of the Court
"Wilson, Ch. J.
By the Coivrt This complaint seems to have been drawn, with a view to a recovery, either for a false warranty or deceit, as the evidence might seem to establish the one or the other cause of action.. If this is not allowable, as the defendant claims, his remedy was by motion to strike out or to make the complaint more definite; or, perhaps, when the case was called for trial, to compel, the plaintiff to .elect on which cause of action he would proceed. We are inclined to think, without at this time deciding the question, *111that, this form of pleading is objectionable, but the.…
2Cases cited1 opinion
- Jeffrey v. BigelowNew York Supreme Court · 1835
3Cited by20 opinions
- Schubert v. J. R. Clark Co.Supreme Court of Minnesota · 1892
- State v. FredlundSupreme Court of Minnesota · 1937
- Stephenson v. Deutsche Bank AGDistrict Court, D. Minnesota · 2003
- American Bank of St. Paul v. TD Bank, N.A.Court of Appeals for the Eighth Circuit · 2013
- Lampsen v. BranderSupreme Court of Minnesota · 1881
15 more not listed; retrieve them via the Exa API.