Benson v. United States Instalment Realty Co.
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $341.25 for money had and received. The facts are stated in the opinion. Erom an order, Waite, J., overruling defendant’s demurrer to the amended complaint, it appealed.
1Opinion of the CourtStart, C. J.
Appeal from an order of the municipal court of the city of Minneapolis overruling the defendant’s demurrer to the amended complaint on the ground that two distinct causes of action are improperly united therein. The defendant urges in support of its demurrer that the first alleged cause of action is either one for deceit or for equitable rescission on the ground of fraud, and the second one is upon contract.
The second one is concededly one on contract. As to it the complaint alleges that between March, 1904, and July, 1906, the defendant had and received money aggregating $341.25, which…
2Cases cited1 opinion
- Lund v. DaviesSupreme Court of Minnesota · 1891
3Cited by2 opinions
- Dwinnell v. OftedahlSupreme Court of Minnesota · 1952
- Olson v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1914