Miller v. Sellwood
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $734.86 and interest on the ground of mutual mistake. The case was tried before Moer, J., who directed a verdict in favor of plaintiff for $772.43; and from an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtCollins, J.
There is very little, if any, dispute over the facts in this case. The Sutphin Company, engaged in selling meats at Duluth, wished to sell its stock and fixtures. The plaintiff was interested with Mr. Sutphin and others in the company. The defendant thought of púrchasing, and told plaintiff to prepare an inventory of the articles to be sold, with prices attached. He also proposed to have, and Mr. Sutphin did, become connected with the new concern. An inventory was furnished, consisting of several sheets of paper, and the heading and first item on one of these sheets appeared as follows:
Pieces.…
2Cited by1 opinion
- Clark v. Gaar, Scott & Co.Supreme Court of Minnesota · 1901