Olson v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $1,440. Defendant’s motion for judgment on the pleadings was granted, Molyneux, J". From the judgment entered pursuant to the order for judgment, plaintiff appealed.
1DissentPhilip E. Brown, J.
I dissent. Defendant admits for the purposes of this case that it induced plaintiff, by fraudulent representations, to enter into an executory contract for the purchase of real property, wherein he agreed to pay defendant therefor $1,440 more than its worth, actually then paying $464, the balance of the purchase price being payable in deferred annual instalments covering a period of 10 years.
The question is, can plaintiff recover the $464 in this action, it being conceded, under the rule in Sigafus v. Porter, 179 U. S. 116, 21 Sup. Ct. 34, 45 L. ed. 113, and our cases to like effect, that…
2Cases cited5 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Sigafus v. PorterSupreme Court of the United States · 1900
- Todd v. BettingenSupreme Court of Minnesota · 1910
- Northness v. HillestadSupreme Court of Minnesota · 1902
- Benson v. United States Instalment Realty Co.Supreme Court of Minnesota · 1911