Johanke v. Schmidt
Supreme Court of Minnesota
Action in the district court for Lac qui Parle county to recover $1,034.50 for work and labor performed, goods sold, and money paid at defendant’s request. The case was tried before Qvale, J., and a jury, which rendered a verdict in favor of plaintiff for $357.16. From an order granting a motion for a new trial unless plaintiff should remit $338.16 from the verdict, plaintiff appealed.
1Opinion of the CourtBrown, J.
This action is one to recover for work and labor alleged to have been performed by plaintiff for defendant at his special instance and request, the value of fifty bushels of oats sold to him, and the sum of $19 for and on account of money paid out for the use and benefit of defendant. Six causes of action are set up in the complaint, the first, fifth, and sixth of which have been abandoned, and a recovery is sought under the second, third, and fourth. The second cause of action is for the work and labor, and the third and fourth are for the other two matters above referred to. The plaintiff…
2Cases cited1 opinion
- Schwab v. PierroSupreme Court of Minnesota · 1890
3Cited by2 opinions
- Dartt v. SonnesynSupreme Court of Minnesota · 1902
- Jacobson v. EdmanSupreme Court of Minnesota · 1951