Laybourn v. Zinns
Supreme Court of Minnesota
■ Appeal by defendant from an order of the district court for Hennepin county, Brooks, J., overruling a general demurrer to the complaint.
1Opinion of the CourtDouglas, J.
This is an appeal from an order of the district court of Hennepin county overruling appellant’s demurrer to the complaint.of respondent. The sole question presented is whether respondent, in an action upon a contract to recover $5,000, the same being the price agreed upon in an unexecuted contract for the sale of personal property, must allege that the same is in writing.
The transaction comes clearly within the statute of frauds, and the rule has long been settled in this state, as applied to section 10, chapter 41, G. S. 1878 (being section 4213, G. S. 1894), that, where it does not appear…
2Cases cited3 opinions
- Randall v. ConstansSupreme Court of Minnesota · 1885
- Benton v. SchulteSupreme Court of Minnesota · 1883
- Collom v. BixbySupreme Court of Minnesota · 1885
3Cited by3 opinions
- Timmerman v. WhitingSupreme Court of Minnesota · 1912
- Borchardt v. KulickSupreme Court of Minnesota · 1951
- Consumers Grain Co. v. Wm. Lindeke Roller MillsSupreme Court of Minnesota · 1922