Old Second National Bank v. Town of Middletown
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Jackson county, P. E. Brown, J., sustaining a demurrer to tbe complaint.
1Opinion of the CourtBuck, J.
Demurrer to the complaint, upon the ground1 that it does not state facts sufficient to constitute a cause of action. The trial court sustained the demurrer, and plaintiff brings this appeal from the order made thereon.
The action is brought by the plaintiff on a claim duly sold and transferred to it, to recover the agreed price of certain scrapers ordered, and received by the defendant town for its use in the construction and repair of its roads and highways. The complaint shows the corporate character of the plaintiff, the defendant, and the assignor of the plaintiff, the making and delivery…
2Cases cited1 opinion
- Short v. Civil Township of White LakeSouth Dakota Supreme Court · 1895
3Cited by8 opinions
- City of Mankato v. Barber Asphalt Paving Co.Court of Appeals for the Eighth Circuit · 1905
- State ex rel. Barber Asphalt Paving Co. v. District CourtSupreme Court of Minnesota · 1903
- Board of County Commissioners v. ClappSupreme Court of Minnesota · 1901
- Manson v. Village of ChisholmSupreme Court of Minnesota · 1919
- Suhr v. County of DodgeSupreme Court of Minnesota · 1931
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