Ellwein v. Holmes

Knutson, Justice.

For the purpose of this decision the facts may be briefly stated. On July 23,1952, the individual plaintiffs entered into an agreement with defendants under which plaintiffs purchased the Coca-Cola plant of defendants at Brainerd, Minnesota. The contract was then assigned by the individual plaintiffs to the corporate plaintiff. This action thereafter was brought to recover damages for the alleged fraudulent misrepresentation of the value of some of the items purchased. Defendants answered denying liability and interposed a counterclaim against all plaintiffs for the unpaid…