Daniels v. Winslow
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. The issues raised in the pleadings, and the facts in the case, are fully stated in the Opinion. The following are the points and authorities relied upon by counsel for the Plaintiff in Error: First. Notwithstanding the verdict, the Plaintiff in Error was entitled to judgment on the pleadings, for these reasons: 1. The Plaintiff below cannot recover in this form of action.
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ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. The issues raised in the pleadings, and the facts in the case, are fully stated in the Opinion. The following are the points and authorities relied upon by counsel for the Plaintiff in Error: First. Notwithstanding the verdict, the Plaintiff in Error was entitled to judgment on the pleadings, for these reasons: 1. The Plaintiff below cannot recover in this form of action. He should have sued upon the special contract. 2. The subsequent pleadings will not cure the defects or omissions of the complaint. 3. An action cannot be maintained for money…
1Opinion of the Court
By the Court
Elandrau, J.
The .Complaint in this action states simply, that the Defendant Daniels is indebted to the Plaintiff Winslow in the sum of Two Thousand and Fifteen Dollars, for money paid and advanced to said Defendant by said Plaintiff at the instance and request of the Defendant, and also for the further sum of One Thousand Dollars the value of a certain house sold by Plaintiff to Defendant, and demands judgment against Defendant for the amount. The answer denies the indebtedness, and sets out a sealed contract between the Plaintiff and Defendant, by which the Defendant'was to erect…
2Cited by2 opinions
- Taylor v. ParkerSupreme Court of Minnesota · 1871
- Mayall v. BurkeSupreme Court of Minnesota · 1865