Evenson v. Aamodt

(dissenting.)

I dissent from the holding that the evidence does not sustain the refusal of the court to find a parol gift of the land.

Though evidentiary facts are not in dispute the ultimate inference drawn from them, when reasonable minds may differ, is of fact and not of law. Great Northern Ry. Co. v. City of Minneapolis, 142 Minn. 308, 172 N. W. 135, and cases cited; Krause v. Union Match Co. 142 Minn. 24, 170 N. W. 848; State ex rel. Miessen v. District Court of Ramsey County, 142 Minn. 335, 172 N. W. 133. The burden of proof was upon the plaintiff. Coming here with an adverse finding it…