Becker v. Sweetzer
Supreme Court of Minnesota
This action was commenced in the court of common pleas, Ramsey county. The material allegations of the complaint are substantially as follows : that on or about December 8, 1860, the defendant made and entered into a certain contract with the plaintiff, whereby the said defendant retained and engaged said plaintiff as an attorney and counsellor at law, in and about investigating, and endeavoring to collect from the United States certain claims which said defendant, on and…
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This action was commenced in the court of common pleas, Ramsey county. The material allegations of the complaint are substantially as follows : that on or about December 8, 1860, the defendant made and entered into a certain contract with the plaintiff, whereby the said defendant retained and engaged said plaintiff as an attorney and counsellor at law, in and about investigating, and endeavoring to collect from the United States certain claims which said defendant, on and before that time, had and owned, for' certain goods, wares and merchandise, before them sold and delivered by said…
1Opinion of the Court
-McMillan, J.
By the Court The agreement between the parties is the consideration of the assignment set up in the complaint; it is an executory agreement, and must be pleaded, and performance averred; all which allegations are material and traversable. 1 Ch. Pl. 296.
The answer denies each and every allegation as to the assignment and the agreement which is the consideration of it, except as therein afterwards admitted. The answer admits, that in order to enable plaintiff to obtain employment from other persons having similar claims, the defendant agreed with plaintiff, at the request of the…
2Cited by3 opinions
- United States v. GillisSupreme Court of the United States · 1877
- Tullis v. ShannonWashington Supreme Court · 1892
- United States v. GillisSupreme Court of the United States · 1877