Legal Opinion

Graves v. Horton

Supreme Court of Minnesota

Decided December 23, 1887PublishedCited by 14 opinions

Appeal by defendant from a judgment of the district court for Hennepin county, where the action was tried before Lochren, J., and a jury, and plaintiff had a verdict. The defendant moved for a new trial on the ground that the verdict was not justified by the evidence, and the motion was denied.

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Appeal by defendant from a judgment of the district court for Hennepin county, where the action was tried before Lochren, J., and a jury, and plaintiff had a verdict. The defendant moved for a new trial on the ground that the verdict was not justified by the evidence, and the motion was denied. In addition to the facts recited in the opinion, it appeared from the testimony of the plaintiff that he purchased the property in question from the defendant, in Minneapolis, in January, 1886, receiving a bill of sale; that he did not think he could do anything with the property at the time, and did…

1Opinion of the CourtMitchell, J.

This action was brought to recover the value of certain property, which plaintiff had exchanged with defendant for a skating rink, skates, boats, etc., situated at Spirit Lake, Iowa. Plaintiff’s claim is that there was an entire failure of title to this property, because defendant had previously sold it to one McCurdy. It is not claimed that defendant had personally sold it to McCurdy, whatever was done in that regard having been done by one F. M. Horton, assuming to act as her agent. Hence, unless F. M. Horton had authority as defendant’s agent to sell to McCurdy, there could have been no…

2Cases cited2 opinions

  1. Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
  2. Wilcox v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Minnesota · 1877

3Cited by14 opinions

  1. Brutinel v. NygrenArizona Supreme Court · 1916
  2. Connell v. McLoughlinOregon Supreme Court · 1895
  3. Durkee v. CarrOregon Supreme Court · 1900
  4. Bush v. FourcherCourt of Appeals of Georgia · 1907
  5. O. A. Skutt, Inc. v. J. & H. Goodwin, Ltd.Appellate Division of the Supreme Court of the State of New York · 1937

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