Graham v. Savage
Supreme Court of Minnesota
[Action in tbe district court for Hennepin county against M. W. Savage, doing business as tbe International Securities Company, and Minneapolis, St. Paul, Eochester & Dubuque Electric Traction Company to recover $1,983.30. Tbe separate answer of defendant Savage alleged that plaintiff was employed under a certain written contract, a copy of wbicb was made a part of tbe answer, and alleged full payment by defendant.
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[Action in tbe district court for Hennepin county against M. W. Savage, doing business as tbe International Securities Company, and Minneapolis, St. Paul, Eochester & Dubuque Electric Traction Company to recover $1,983.30. Tbe separate answer of defendant Savage alleged that plaintiff was employed under a certain written contract, a copy of wbicb was made a part of tbe answer, and alleged full payment by defendant. Tbe case was tried before Holt, J., and a jury wbicb returned a verdict in favor of plaintiff for $1,338.-Y0. Erom an order denying defendant’s motion for a new trial, defendant…
1Opinion of the Court
Jaggard, J.,
(after stating the facts not within [] as above).
Defendant’s exceptions involve a number of alleged errors which, in the view we have taken, it is not necessary to here discuss. The gist of the controversy is whether the rule as to the exclusion of parol evidence justified the trial court in receiving evidence of an oral agreement, made prior to the execution of the written agreement, and contradictory thereof. The trial court charged in part: “If the written contract * * * be the contract under which [the plaintiff] worked, then it ends the case, and the verdict must be for the…
2Cases cited16 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Ware v. AllenSupreme Court of the United States · 1888
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- Grierson v. . MasonNew York Court of Appeals · 1875
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Zell v. American Seating Co.Court of Appeals for the Second Circuit · 1943
- Flynn v. SawyerSupreme Court of Minnesota · 1978
- North American Uranium, Inc. v. JohnstonWyoming Supreme Court · 1957
- P. A. Smith Co. v. MullerCalifornia Supreme Court · 1927
- Higby v. HooperMontana Supreme Court · 1950
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