Emmel v. Zapp
Supreme Court of Minnesota
Action in tbe district court for Stearns county against Wesley Carter, to recover $2,495 upon tbe written contract set out in tbe opinion.
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Action in tbe district court for Stearns county against Wesley Carter, to recover $2,495 upon tbe written contract set out in tbe opinion. Tbe answer alleged tbe purchase of tbe land in question at receiver’s sale and tbat plaintiff, for tbe purpose of defrauding defendant, falsely agreed that if defendant would purchase tbe tract of land described, upon which there was known to be a granite quarry, plaintiff would join with defendant in an extensive quarry business, would have at bis disposal tbe necessary capital and would buy an undivided one-balf interest in tbe land and personal property…
1DissentBrown, J.
I dissent. As stated in the opinion, “it is unquestionable that up to the time of the execution of the contract, January 16, 1908, plaintiff and Mr. Carter were engaged in a joint enterprise. Mr. Carter was to furnish the money, and plaintiff was to negotiate the purchase of the land.” In other words, the parties intended to form a copartnership or a corporation to develop and operate a stone quarry upon the land purchased. Plaintiff’s services — he furnished no money — were all rendered in furtherance of that project, and were performed before the written contract was entered into. In my…
2Cases cited5 opinions
- Bluestone Coal Co. v. BellWest Virginia Supreme Court · 1893
- Wilson v. AnthonySupreme Court of Arkansas · 1857
- Gribben v. AtkinsonMichigan Supreme Court · 1887
- Bedell v. WilderSupreme Court of Vermont · 1892
- Hopkins Manufacturing Co. v. RugglesMichigan Supreme Court · 1883