Nelson v. McElroy
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $2,199.85, a. balance due on the sale of certain real estate. The answer denied that defendants were indebted to plaintiff in any sum whatever.
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Action in the district court for Hennepin county to recover $2,199.85, a. balance due on the sale of certain real estate. The answer denied that defendants were indebted to plaintiff in any sum whatever. The case was tried before Steele, J., who when plaintiff rested denied a motion to dismiss the action as to defendant Blomberg,-and at the close of the testimony motions of defendants for dismissal of the action and for a directed verdict, and a jury which returned a verdict for $2,696.85. From an order denying their motion for judgment notwithstanding the verdict or for a new trial,…
1Opinion of the CourtHallam, J.
1. N. Nelson Company, plaintiff’s assignor, owned a flat building in Minneapolis. On February 25, 1913, the Nelson Company entered into a contract in writing with defendant Blomberg, a mere “straw man” for defendant McElroy, to convey the flat building “in consideration of the sum of $34,800 * * * and a quarter section of land near Weyburn, Canada, agreed upon.” ' The contract recited that the flat building was subject to mortgages of $26,800 which the purchaser assumed; that $8,000 was to be paid in money; that said land “near Weyburn” was subject to a mortgage of $2,000, and was “now owned…
Also in this document: Per curiam.
2Cases cited4 opinions
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Huff v. HallMichigan Supreme Court · 1885
- Malzer v. SchislerOregon Supreme Court · 1913
- Beagle v. HarbyNew York Supreme Court · 1893
3Cited by7 opinions
- Shaughnessy v. EidsmoSupreme Court of Minnesota · 1946
- Dayton Co. v. Carpet, Linoleum & Resilient Floor Decorators' UnionSupreme Court of Minnesota · 1949
- Bjornstad v. Northern States Power Co.Supreme Court of Minnesota · 1935
- General Paint Corporation v. KramerCourt of Appeals for the Tenth Circuit · 1933
- Theopold v. CurtsingerSupreme Court of Minnesota · 1927
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