Adolph v. Minneapolis & Pacific Railway Co.
Supreme Court of Minnesota
Appeal by defendant, the Minneapolis and Pacific Railway Company, from a judgment of the District Court of Stearns County, L. L. Baxter, J., entered January 8, 1894, cancelling its contract for right of way across forty acres of land. Plaintiff, Theresa Adolph, owned the southeast quarter of the southwest quarter of Section three (3) T. 121, R. 29, in Stearns County. She was the wife of John Adolph.
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Appeal by defendant, the Minneapolis and Pacific Railway Company, from a judgment of the District Court of Stearns County, L. L. Baxter, J., entered January 8, 1894, cancelling its contract for right of way across forty acres of land. Plaintiff, Theresa Adolph, owned the southeast quarter of the southwest quarter of Section three (3) T. 121, R. 29, in Stearns County. She was the wife of John Adolph. They were of German birth, unable to read or write the English language and could speak and understand it but imperfectly. Defendant’s agent on April 12, 1886, represented to John Adolph that the…
1Opinion of the CourtGilfillan, C. J.
This is an action to rescind a contract executed by the plaintiff Theresa, granting to the defendant a strip for right of way across her land, on the ground that her execution thereof was obtained by the fraud of the defendant.
There is nothing in any of the assignments of error to rulings of the court on the admission of evidence.
The assignment of error to the findings of fact is insufficient. The complaint contains seven paragraphs, each making statements of fact. The findings are "that all the allegations and statements of fact contained in the complaint in said action, except those in…
2Cases cited3 opinions
- Albitz v. Minneapolis & Pacific Railway Co.Supreme Court of Minnesota · 1889
- Adolph v. Minneapolis & Pacific Railway Co.Supreme Court of Minnesota · 1889
- First National Bank v. SteeleSupreme Court of Minnesota · 1894
3Cited by2 opinions
- Fenrick v. OlsonSupreme Court of Minnesota · 1964
- First National Bank v. SteeleSupreme Court of Minnesota · 1894