Phipps v. McFarlane
Supreme Court of Minnesota
This was an appeal from an order of the District Court of Hennepin County, granting a new trial. The action was founded upon a contract set out in tlie opinion of the Court— and the issues joined were referred by consent to a referee, who reported in favor of the Plaintiff.
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This was an appeal from an order of the District Court of Hennepin County, granting a new trial. The action was founded upon a contract set out in tlie opinion of the Court— and the issues joined were referred by consent to a referee, who reported in favor of the Plaintiff. The Defendant moved for a new trial, which was granted by the Court below, (C. E. Flandrau, Judge.) The following are the points and authorities relied upon by the Counsel for Appellant: The Court below erred in granting a new trial in this action because— First. — The contract declared on and proved is not a contract for…
1Opinion of the Court
By the Court
— Atwater, J.
The only question projierly presented in this case for the consideration of the Court is, whether the contract set forth in the complaint is within the statute of frauds and void. The rule seems to be well established by which it is determined whether a particular contract comes within the provisions of the statute of frauds — the principal difficulty that exists on the subject, being the application. of the rule to the various shades of contracts upon which the adjudication of Courts is required. Parsons in his worlc on contracts, (2d vol.,jp. 334,) states the…
2Cases cited3 opinions
- Crookshank v. BurrellNew York Supreme Court · 1820
- Sewall v. FitchNew York Supreme Court · 1828
- Hight v. RipleySupreme Judicial Court of Maine · 1841
3Cited by7 opinions
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
- Johnson v. FehsefeldtSupreme Court of Minnesota · 1908
- Williams-Hayward Shoe Co. v. BrooksWyoming Supreme Court · 1901
- Hientz v. BurkhardOregon Supreme Court · 1896
- Pitkin v. NoyesSupreme Court of New Hampshire · 1869
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