Weicher v. Cargill
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $20,000 damages for breach of contract. The case came on for trial before Pond, J., who granted a motion for judgment in favor of defendant on the pleadings. From a judgment entered pursuant to the order, plaintiff appealed.
1Opinion of the CourtCollins, J.
On motion of defendant, judgment on the pleadings was entered in this action; said motion having been made after the cause had been brought on for trial. These pleadings consisted of a complaint, answer, and reply.
It is well settled that, where such a motion is made at the trial, the pleadings must be liberally construed. Every fact, well pleaded by the opposite party, must be taken to be true, and most strongly construed in favor of the latter. The plaintiff was entitled to the benefit of every intendment and inference which the jury might legitimately draw from the allegations in both…
2Cited by2 opinions
- Board of Commissioners v. State ex rel. ReedIndiana Supreme Court · 1913
- Weicher v. CargillSupreme Court of Minnesota · 1902