Hatlestad v. Mutual Trust Life Insurance Co.

Stone, Justice.

Plaintiff sues as receiver of the Alamoe Realty Company, a Minnesota corporation, now in liquidation. In overruling the general demurrer to the complaint the trial court certified the determinative question as important and doubtful under 2 Mason Minn. St. 1927, § 9498. In consequence, defendant had the right to appeal from the order and has done so.

The facts need not be much gone into. Plaintiff (as receiver of the Alamoe Realty Company) sues not for specific performance but for damages for the breach of an oral contract which defendant is alleged to have made with Alamoe…