Blexrud v. Kuster
Supreme Court of Minnesota
Action in the district court for Houston county. The complaint alleged in substance that plaintiff as sheriff sold under execution certain land to defendant, who was the highest bidder, for $800; that the bid was made by a son of defendant, as his agent; that plaintiff had tendered to defendant a certificate of sale of the land and demanded payment; and that defendant had refused to accept the certificate or to pay. The other facts are stated in the opinion.
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Action in the district court for Houston county. The complaint alleged in substance that plaintiff as sheriff sold under execution certain land to defendant, who was the highest bidder, for $800; that the bid was made by a son of defendant, as his agent; that plaintiff had tendered to defendant a certificate of sale of the land and demanded payment; and that defendant had refused to accept the certificate or to pay. The other facts are stated in the opinion. The jury tendered a verdict in favor of plaintiff for $818. From an order, Whytock, J., denying a motion for a new trial defendant…
1Opinion of the CourtCollins, J.
Although counsel for appellant (defendant) has made 29 assignments of error in this case, it is properly disposed of *456on the eighth,' — that the court below erred in refusing' to dismiss when plaintiff rested. We have thoroughly examined the evidence covered by the motion to dismiss, and do not find a particle which would have warranted a verdict for plaintiff, and certainly there was none introduced afterwards by the defendant on which such a verdict could rest.
Giving to the testimony of the plaintiff and his witnesses the benefit of all question as to its import and weight, it simply shows…
2Cited by1 opinion
- Witzman v. SjobergSupreme Court of Minnesota · 1925