Albitz v. Minneapolis & Pacific Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Wright county, Hicks, J., presiding, overruling its demurrer to the complaint. The case made by the complaint was'this: In March, 1886, the defendant proposed to build a line of railway .from Minneapolis through Hennepin and Wright counties and beyond in a northwesterly direction, and had employed one Wendell as agent to procure the right of way.
Read the full summary
Appeal by defendant from an order of the district court for Wright county, Hicks, J., presiding, overruling its demurrer to the complaint. The case made by the complaint was'this: In March, 1886, the defendant proposed to build a line of railway .from Minneapolis through Hennepin and Wright counties and beyond in a northwesterly direction, and had employed one Wendell as agent to procure the right of way. The defendant had caused, or represented that it had caused, the line on which it proposed to build to be surveyed, passing through the village of Rockford, in Wright county, thence…
1Opinion of the CourtGilfillan, C. J.
Although the allegations of the complaint are not in some particulars so precise and definite as the best style of *478pleading would require, welihink, on the whole, it contains enough to show a cause of action. The allegation that the plaintiffs are Germans, and only slightly acquainted with the English language, and that the contents of their contract, to rescind which, on the ground that its execution by them was procured by fraud, this action is brought, were not fully nor truly made known to them, amounts to nothing, for the reason that it is not stated what particulars were not made known…
2Cited by19 opinions
- Swanson v. DomningSupreme Court of Minnesota · 1957
- Knappen v. FreemanSupreme Court of Minnesota · 1891
- Nelson v. BerknerSupreme Court of Minnesota · 1918
- Roseberry v. Hart-Parr Co.Supreme Court of Minnesota · 1920
- McElrath v. Electric Investments Co.Supreme Court of Minnesota · 1911
14 more not listed; retrieve them via the Exa API.