Dodge v. Rogers
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OR RAMSEY COUNTY. Points and authorities of Appellant. The district judge erred in refusing the instructions asked by Plaintiff’s counsel and in the instructions given to the jury. The contract under which the Defendant claimed title was a written executory contract. No title passed by it from Plaintiff to Defendant. By this contract the Defendant obtained a right to the piano upon and only upon performance of the contract.
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APPEAL FROM THE DISTRICT COURT OR RAMSEY COUNTY. Points and authorities of Appellant. The district judge erred in refusing the instructions asked by Plaintiff’s counsel and in the instructions given to the jury. The contract under which the Defendant claimed title was a written executory contract. No title passed by it from Plaintiff to Defendant. By this contract the Defendant obtained a right to the piano upon and only upon performance of the contract. Services rendered upon the contract, but short of performance, might entitle the Defendant to just compensation from the Plaintiff for such…
1Opinion of the Court
By the Court
McMillan, J.
This is an action brought by *225the Plaintiff to recover one piano. The complaint avers a wrongful taking and detention of the property, and a refusal by the Defendant to deliver it, although thereto often requested.
The Defendant in his answer denies the wrongful taking and detention, and denies that the piano was the property of the Plaintiff, and avers ownership in himself.
The cause was tried by jury in the court below, and a verdict was given for the Defendant.
The only exceptions which appear in the case are those taken to the charge of the court, and the refusal of…
2Cited by5 opinions
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Winne v. LahartSupreme Court of Minnesota · 1923
- Boyington v. SweeneyWisconsin Supreme Court · 1890
- Blackman v. WheatonSupreme Court of Minnesota · 1868
- State ex rel. Little v. DonnellyMissouri Court of Appeals · 1881