Cobb v. Cole
Supreme Court of Minnesota
Appeal by plaintiffs, Llewellyn A. Cobb and Alfred F. Norrisb,. from a judgment of the District Court of Dakota County, F. M.Crosby, J., entered April 26, 1893, that they take nothing by their action and that defendant recover of them his costs taxed at $17.25. The facts in this case appear in the report of a former appeal. 51 Minn. 48. The discussion in this Court on the present appeal was-upon the evidence, whether or not it sustained the findings of fact made by the trial…
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Appeal by plaintiffs, Llewellyn A. Cobb and Alfred F. Norrisb,. from a judgment of the District Court of Dakota County, F. M.Crosby, J., entered April 26, 1893, that they take nothing by their action and that defendant recover of them his costs taxed at $17.25. The facts in this case appear in the report of a former appeal. 51 Minn. 48. The discussion in this Court on the present appeal was-upon the evidence, whether or not it sustained the findings of fact made by the trial Court.
1Opinion of the CourtMitchell, J.
This case has already been twice before this court, 44 Minn. 278, (46 N. W. Rep. 364;) 51 Minn. 48, (52 N. W. Rep. 985.) Most of plaintiffs’ assignments of error (twelve in number) are-predicated upon what we deem a mistaken idea as to the real issue in the case. The complaint alleged that the agreement of the parties was that the plaintiffs were to pay the defendant “a sum equal to his one-third interest in the firm business, as the same then appeared upon the books of the firm;” that a statement was taken from the firm books; that the statement was erroneous, and showed the interest of the…
2Cases cited2 opinions
- Cobb v. ColeSupreme Court of Minnesota · 1890
- Cobb v. ColeSupreme Court of Minnesota · 1892
3Cited by1 opinion
- Dwinnell v. OftedahlSupreme Court of Minnesota · 1952