McNair v. Toler
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OE RAMSEY COÜNTY. Points and authorities of Appellant. The error of the Court below consists in supposing that it is necessary for the the Defendant to contradict and vary tbe written contact set forth in the answer in order to establish the defence; the Court was probably led into this error from the fact that the answer set forth much more than was necessary to constitute a defence.
Read the full summary
APPEAL PROM THE DISTRICT COURT OE RAMSEY COÜNTY. Points and authorities of Appellant. The error of the Court below consists in supposing that it is necessary for the the Defendant to contradict and vary tbe written contact set forth in the answer in order to establish the defence; the Court was probably led into this error from the fact that the answer set forth much more than was necessary to constitute a defence. Suppose the answer had simply denied, as it might have done, the allegations of the complaint ? or after denying the complaint, suppose it had set forth the written contract, with…
1Opinion of the Court
By the Court,
Atwatbb, J.
Appeal from an order of tbe District Court of Ramsey County, sustaining demurrer to part of an answer. The action was for two thousand dollars and interest, loaned and advanced by the assignor of the Plaintiff to the Defendant. The part of the answer demurred to, alleged in substance, that the Defendant as agent of W. H. Toler (the assignor of the Plaintiff) purchased for him a certain tract of land in St. Pauly of over the value of $2000, that said Toler being dissatisfied with the price paid for said land ($2000) by Defendant, it was agreed by and between them, that…
2Cited by1 opinion
- McNair v. TolerSupreme Court of Minnesota · 1875