Legal Opinion

Schlemmer v. Nelson

Supreme Court of Minnesota

Decided September 26, 1913No. Nos. 18,144—(240)PublishedCited by 4 opinions

Action in the district court for Ramsey county to recover $500 upon a promissory note. The answer set out a contract of sale by which the Sperry Realty Company sold and agreed to convey to defendant the real estate described therein, alleged that the note in question and the contract were signed by defendant by reason of the false and fraudulent representations of the person claiming to be president of the realty company, specifying in what respects the representations were…

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Action in the district court for Ramsey county to recover $500 upon a promissory note. The answer set out a contract of sale by which the Sperry Realty Company sold and agreed to convey to defendant the real estate described therein, alleged that the note in question and the contract were signed by defendant by reason of the false and fraudulent representations of the person claiming to be president of the realty company, specifying in what respects the representations were false; and denied that the premises in question were or ever had been the property of the realty company. The reply…

1Opinion of the Court

Taylor, C.

Plaintiff brought this action to recover the amount of a promissory note executed by defendant to the Sperry Bealty Company on June 5, 1912, and transferred to him by that company on the following day. The trial court directed a verdict for defendant, and plaintiff appeals from an order denying his alternative motion for judgment notwithstanding the verdict or for a new trial.

The note, payable five days after date, was given for the first instalment of the purchase price of certain real estate, which the Sperry Company had contracted to sell and convey to defendant by warranty deed…

2Cases cited9 opinions

  1. Townshend v. GoodfellowSupreme Court of Minnesota · 1889
  2. George v. ConhaimSupreme Court of Minnesota · 1888
  3. Gregory v. ChristianSupreme Court of Minnesota · 1890
  4. Steiner v. ZwickeySupreme Court of Minnesota · 1889
  5. Buswell v. O. W. Kerr Co.Supreme Court of Minnesota · 1910

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Paynesville Land Co. v. GrabowSupreme Court of Minnesota · 1924
  2. Brown v. California & Western Land Co.Supreme Court of Minnesota · 1920
  3. Miller v. CampbellAppellate Division of the Supreme Court of the State of New York · 1916
  4. Elder v. ElwellSupreme Court of Minnesota · 1928

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