Berryhill v. Carney
Supreme Court of Minnesota
Action in the district court for Crow Wing county for breach of contract. At the close of the testimony the court, Holland, J., granted defendant’s motion to dismiss the action on the ground that plaintiff had not made out a cause of action. From a judgment in favor of defendant, entered pursuant to the order of dismissal, plaintiff appealed.
1Opinion of the CourtStart, C. J.
The complaint herein alleges the following facts: On August 1, 1893, William C. Eesser and Charles Davison held a judgment against the defendant for $5,507.71. Eesser was then indebted to the plaintiff in the sum of $500 for his services in securing the judg*320ment. Thereupon the plaintiff, defendant, and Resser agreed between themselves that the defendant should pay Resser $1,000 in money, and give his note for $500, in full release of the interest of Resser in the judgment, and, further, that he should pay to the plaintiff $100 in 60 days, and deed to him an undivided one-eighth interest in…
2Cases cited2 opinions
- Dimond v. ManheimSupreme Court of Minnesota · 1895
- D. M. Osborne & Co. v. GraySupreme Court of Minnesota · 1884
3Cited by2 opinions
- Fischer v. Steelock of Minnesota, Inc.Supreme Court of Minnesota · 1969
- Merchants' State Bank v. St. Anthony & Dakota Elevator Co.Supreme Court of Minnesota · 1905