Schlechter v. Felton
Supreme Court of Minnesota
Action in the district court for Douglas county against the executrix of the last will and testament of Johan Felton, deceased, to recover $1,000 for false representation. The case was tried before Roeser, J., and a jury which returned a verdict in favor of defendant. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.
1Opinion of the CourtHallam, J.
Plaintiff bought a small tract of land from John Felton. Felton later died. Defendant is executrix of 'his will. Plaintiff claims that Felton misrepresented to him the number of acres in the tract, and brought *144this action in deceit against the executrix to recover damages. It is conceded no recovery could be had in an action against an executrix in the district-court on the ground of mutual mistake, or on any other theory than that of tort or fraud. The jury found for defendant and plaintiff appeals. The only errors assigned relate to the court’s instructions to the jury.
The court instructed…
2Cases cited21 opinions
- Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
- Hindman v. First Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1902
- Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
- Board of Water Commissioners v. RobbinsSupreme Court of Connecticut · 1910
- Kirkpatrick v. ReevesIndiana Supreme Court · 1889
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3Cited by21 opinions
- Swanson v. DomningSupreme Court of Minnesota · 1957
- Spiess v. BrandtSupreme Court of Minnesota · 1950
- Clements Auto Co. v. Service Bureau Corp.Court of Appeals for the Eighth Circuit · 1971
- Hollerman v. F. H. Peavey & Co.Supreme Court of Minnesota · 1964
- Otis & Co. v. GrimesSupreme Court of Colorado · 1935
16 more not listed; retrieve them via the Exa API.