McNamara v. Pengilly
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for St. Louis county,'Charles L. Lewis, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $1,303.33.
1Opinion of the CourtCanty, J.
Most of the facts necessary to an understanding of this case are recited in the opinion on the former appeal. See 58 Minn. 353, 59 N. W. 1055. The case has since been retried. Plaintiff again obtained a verdict, and from an order denying a new trial *545defendant again appeals. With a few exceptions the evidence was the same on the last trial as on the former one.
1. We held on the former appeal that if by the agreement of the parties the deed to plaintiff was to come from Kinney, and not from defendant, plaintiff cannot recover without proof of a, demand made on defendant that Kinney furnish the…
2Cases cited1 opinion
- McNamara v. PengillySupreme Court of Minnesota · 1894
3Cited by7 opinions
- Kray v. MuggliSupreme Court of Minnesota · 1901
- Noyes v. BrownSupreme Court of Minnesota · 1919
- Meyers v. MarkhamSupreme Court of Minnesota · 1903
- McVeety v. Harvey Mercantile Co.North Dakota Supreme Court · 1913
- Nelson v. Charles Betcher Lumber Co.Supreme Court of Minnesota · 1905
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