McGinty v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $2,560, as damages for breach of contract. At the close of plaintiff’s case, the court, O. B. Lewis, J., granted the motion of defendant to dismiss the action, to which plaintiff excepted. From an order denying a motion for a new trial, made on the grounds that the decision was not justified by the evidence and was contrary to law, and of errors occurring at the trial and excepted to at the time, plaintiff appealed.
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Action in the district court for Ramsey county to recover $2,560, as damages for breach of contract. At the close of plaintiff’s case, the court, O. B. Lewis, J., granted the motion of defendant to dismiss the action, to which plaintiff excepted. From an order denying a motion for a new trial, made on the grounds that the decision was not justified by the evidence and was contrary to law, and of errors occurring at the trial and excepted to at the time, plaintiff appealed. Exhibit A is a binding contract, and not a mere license. Ells-worth v. Southern Minnesota Ry. E. Co., 31 Minn. 543. Under…
1Opinion of the CourtStart, C. J.
The plaintiff is the administratrix of the estate of John McGinty, She alleged in her complaint:
“That on the 7th day of April, 1880, the defendant executed and delivered to the plaintiff’s intestate the following instrument, in writing:
‘St. Paul, Minn., April 7th, 1880.
By virtue of a contract entered into between the St. Paul, Minneapolis and Manitoba Railroad Company and the Right Rev. John Ireland, John McGinfy is hereby permitted to enter upon the southwest quarter of section 15, town 125, range 45, known as Railroad Indemnity Land; the conditions of said entry being that said John McGinty…
2Cases cited3 opinions
- McCormick Harvesting Machine Co. v. DoucetteSupreme Court of Minnesota · 1895
- Massillon Engine & Thresher Co. v. HoldridgeSupreme Court of Minnesota · 1897
- Moore v. HolmesSupreme Court of Minnesota · 1897
3Cited by2 opinions
- National City Bank v. Zimmer Vacuum Renovator Co.Supreme Court of Minnesota · 1916
- Citizens State Bank v. WebsterSupreme Court of Minnesota · 1930