Walsh v. Mankato Oil Co.

Julius J. Olson, Justice.

Defendant Footh appeals from an order denying his motion for neAV trial. The action was brought against tAvo defendants, Footh and Mankato Oil Company, but at the opening of the trial plaintiff stated that he desired to proceed against Footh only, withdrawing his claim for relief against the company. Thus the trial proceeded, resulting in a verdict for plaintiff for $5,056.25. Hereafter Ave shall refer to Footh as defendant and to Mankato Oil Company as the company.

The facts are someAvhat involved, but those essential to intelligent revieAv may be summarized in this…