Bonness v. Felsing
Supreme Court of Minnesota
Action in the district court for Polk county to recover from defendants on the ground of fraud, $500 paid on account of the purchase price of certain timber. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiffs for the sum demanded. From an order denying a motion for judgment notwithstanding the verdict or for a, new trial, defendants appealed. Affirmed.
1Opinion of the CourtBrown, J.
Defendants owned a tract of land which plaintiffs understood contained a large quantity of standing pine. With a proper description thereof plaintiffs’ agent made an attempt to run the lines surrounding it, and confirmed, as he thought, the understanding of plaintiffs as respects the timber. He subsequently on behalf of and for plaintiffs negotiated a purchase of the timber, paying down upon the contract the sum of $500; the balance of the purchase price being provided for by deferred payments. Subsequent investigation disclosed, as plaintiffs claim, that there was in fact no timber at all…
2Cases cited5 opinions
- Porter v. FletcherSupreme Court of Minnesota · 1879
- Olson v. OrtonSupreme Court of Minnesota · 1881
- First National Bank v. HolanSupreme Court of Minnesota · 1896
- Ames v. Cannon River Manufacturing Co.Supreme Court of Minnesota · 1880
- Cobb v. WrightSupreme Court of Minnesota · 1890
3Cited by4 opinions
- Erickson v. MathwigSupreme Court of Minnesota · 1948
- Presley Fruit Co. v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Minnesota · 1915
- Larson v. BarlowSupreme Court of Minnesota · 1910
- King Cattle Co. v. JosephSupreme Court of Minnesota · 1925