City of Minneapolis v. Smith

This is an action for restitution. The issue on defendant’s appeal from judgment is whether plaintiff’s cause of action is barred by Minn. St. 541.07(5). We hold that it is not.

The facts are these: In February 1971, the city of Minneapolis commenced an action in Hennepin County District Court against defendant, a former employee, to recover a total of $590.07 in vacation and sick-leave overpayments mistakenly made to defendant during February and March 1968. Defendant moved to dismiss the complaint on the ground that it stated a cause of action barred by the expiration of the 2-year period of…