Voak v. National Investment Co.
Supreme Court of Minnesota
Appeal by defendant, the National Investment Company, from a judgment of the District Court of Bamsey county, Kerr, J., entered April 7, 1892, against it for $905.38. Appeal also by defendant from an order of that court made July 19,1892, refusing to set aside the judgment and allow it to interpose a supplemental answer setting up a counterclaim for mechanics’ liens paid by it since the trial. Both appeals were argued and decided in this court at the same time.
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Appeal by defendant, the National Investment Company, from a judgment of the District Court of Bamsey county, Kerr, J., entered April 7, 1892, against it for $905.38. Appeal also by defendant from an order of that court made July 19,1892, refusing to set aside the judgment and allow it to interpose a supplemental answer setting up a counterclaim for mechanics’ liens paid by it since the trial. Both appeals were argued and decided in this court at the same time. The first involves only questions of fact and the exercise of the discretion of the trial court in refusing defendant’s request at…
1Opinion of the CourtDickinson, J.
The case before us tends to show the following state of facts: One Janzen, being the owner of a certain tract of land, sold or contracted to sell it to a Mrs. Shickling for the price of $2,400. The price was not tiien paid, nor was the land then conveyed to her. The tract was then divided into eight lots, and Mrs. Shickling proceeded to erect houses on four of them. When the houses were about completed, Mrs. Shickling bargained to sell two of the lots thus improved, — one to a Mr. Yager, and the other to a Mr. Arbuckle. Such being the situation, one George Shickling, the husband of Mrs.…
2Cited by4 opinions
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1906
- Hand v. National Live-Stock Ins.Supreme Court of Minnesota · 1894
- Stromme v. RieckSupreme Court of Minnesota · 1910
- Weiss v. John Hancock Mutual Life InsuranceSupreme Court of Minnesota · 1929