St. Paul Motor Vehicle Co. v. Johnston
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $750' balance alleged to be due for services and supplies. The case came on for trial before Dickson, J., who granted defendant’s motion to dismiss the action. From an order denying plaintiff’s motion for an order vacating the dismissal of the action and for a new trial, plaintiff appealed.
1Opinion of the Court
Dibell, C.
The complaint is in the common law form of indebitatus assumpsit for goods sold and delivered and services rendered for which a balance of $750 is claimed. In his opening statement counsel for the plaintiff stated the nature of the claim for $750, and from his statement it must be conceded that he could not recover under the allegations of the complaint, the claim for the $750 being substantially a claim for damages for the breach of an executory contract of sale. Counsel for the defendant then, before the introduction of any testimony, moved for a dismissal of the action upon the…
2Cases cited1 opinion
- Barrett v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1908
3Cited by7 opinions
- Farnham v. Lenox Motor Car Co.Massachusetts Supreme Judicial Court · 1918
- Vineseck v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- Mahutga v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1931
- Jensen v. LundorffSupreme Court of Minnesota · 1960
- Johnson v. LarsonSupreme Court of Minnesota · 1951
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