Kraemer v. Deustermann
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for McLeod county, Macdonald, J., presiding, sustaining a demurrer to the complaint, the grounds of demurrer being (1) that the complaint does not state facts sufficient to constitute a cause of action, and (2) that several causes of action are improperly united.
Read the full summary
Appeal by plaintiff from an order of the district court for McLeod county, Macdonald, J., presiding, sustaining a demurrer to the complaint, the grounds of demurrer being (1) that the complaint does not state facts sufficient to constitute a cause of action, and (2) that several causes of action are improperly united. The complaint alleged in substance the following facts: On September 11, 1880, the plaintiff and defendant entered into an agreement, whereby the defendant, in consideration of plaintiff’s promise to purchase and pay for a certain tract of land, agreed with the plaintiff that if…
1Opinion of the CourtVanderburgh, J.
The complaint in this action is demurred to for insufficiency, and for misjoinder of causes of action.
1. The statement of the transaction out of which a cause of action is claimed to have arisen in plaintiff’s favor is not very full or clear, but it may be gathered from it that the relation of principal and agent existed between the parties, and that the defendant undertook, as plaintiff’s agent and by his authority, to negotiate the purchase of a quarter-section of land for plaintiff at the price of $1,600, with the understanding that the title thereto should be vested in the latter; that…
2Cases cited6 opinions
- Radich v. HutchinsSupreme Court of the United States · 1877
- Brumagim v. TillinghastCalifornia Supreme Court · 1861
- Third National Bank v. Stillwater Gas Co.Supreme Court of Minnesota · 1886
- Reitz v. . ReitzNew York Court of Appeals · 1880
- Fargusson v. WinslowSupreme Court of Minnesota · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Butler v. PhillipsSupreme Court of Colorado · 1906
- Wallner v. SchmitzSupreme Court of Minnesota · 1953
- Snell v. GoodlanderSupreme Court of Minnesota · 1903
- Culver v. GrahamWyoming Supreme Court · 1889
- Kozasa v. Northern Pacific Railway Co.Montana Supreme Court · 1921
5 more not listed; retrieve them via the Exa API.