Dwinnell v. Oftedahl

Loring, Chief Justice.

Plaintiffs brought an action to recover an alleged overpayment made to defendant Bruer Lumber Company (hereinafter referred to as the lumber company) on orders of defendant Bobert C. Ofte-dahl. The action was one for money had and received. Oftedahl did not answer. At the close of the testimony, the court directed a verdict of $993 plus interest for plaintiffs. The lumber company appealed from an order denying its alternative motion for judgment or a new trial.

Plaintiffs purchased a lot at 2600 McNair Drive in the city of Bobbinsdale, Minnesota, employed Oftedahl as a…