Tretheway v. Hulett
Supreme Court of Minnesota
Appeal by defendant, Nehemiah Hulett, from an order of the District Court of St. Louis County, Stearns, J., made June 11, 1892, overruling his demurrer to the complaint. The complaint stated that on June 27, 1874, the plaintiff, William Tretheway, owned one hundred and thirty-seven acres of timber land in St. Louis county, and on that day sold and conveyed it by warranty deed to defendant for $200 in money and three lots on Minnesota Point.
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Appeal by defendant, Nehemiah Hulett, from an order of the District Court of St. Louis County, Stearns, J., made June 11, 1892, overruling his demurrer to the complaint. The complaint stated that on June 27, 1874, the plaintiff, William Tretheway, owned one hundred and thirty-seven acres of timber land in St. Louis county, and on that day sold and conveyed it by warranty deed to defendant for $200 in money and three lots on Minnesota Point. That to induce 'plaintiff to make the exchange and take the lots, defendant stated that he had owned the lots a long time, and had a perfect title to…
1Opinion of the CourtDickinson, J.
This is an appeal from an order overruling a demurrer to the complaint. The question to be considered is whether the complaint shows a ease of actionable fraud on the part of the defendant in the sale of three lots of land to the plaintiff for the consideration of $200, and which the defendant assumed to convey by quitclaim deed. The fraud alleged consisted in representations by the defendant that the lots were worth the sum of $200, and that he had a perfect title, whereas in fact the lots were not of a value exceeding $15, as the defendant knew, and he had no title whatever, which he also…
2Cases cited5 opinions
- Kiefer v. RogersSupreme Court of Minnesota · 1872
- Columbia Electric Co. v. DixonSupreme Court of Minnesota · 1891
- Carlton v. HulettSupreme Court of Minnesota · 1892
- Reynolds v. FranklinSupreme Court of Minnesota · 1888
- People v. WestbrookMichigan Supreme Court · 1893
3Cited by2 opinions
- Arden Hills North Homes Ass'n v. Pemtom, Inc.Court of Appeals of Minnesota · 1991
- Follingstad v. SyversonSupreme Court of Minnesota · 1926