Burgon v. Cabanne
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Ramsey county, refusing a new trial after a trial before Kelly, J., and verdict directed for defendant.
1Opinion of the CourtCollins, J.
This action is in the nature of assumpsit for money had and received, which in general may be maintained by showing that the defendant has received money of the plaintiff which, in equity and good conscience, he ought to return or pay over. The *268parties entered into a written contract, whereby defendant sold and agreed to convey unto plaintiff, for a stipulated sum of money, 10 acres of land, situated in a certain quarter-section, “it being understood that the said John C. Cabanne owns an undivided one-fourth of the above-described quarter-section of land, and that he is to have his undivided…
2Cases cited2 opinions
- Nippolt v. KammonSupreme Court of Minnesota · 1888
- Brockway v. FrostSupreme Court of Minnesota · 1889
3Cited by7 opinions
- Schaer v. Webster CountySupreme Court of Iowa · 2002
- Warner v. MarshallIndiana Supreme Court · 1905
- Calder v. Third Judicial District CourtUtah Supreme Court · 1954
- Gagne v. StevensSupreme Judicial Court of Maine · 1997
- Swallow v. StrongSupreme Court of Minnesota · 1901
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