Fountain v. Menard
Supreme Court of Minnesota
Appeal by defendants, Joseph Menard and Arthur L. Menard, from an order of the District Court of Hennepin County, Frederick Hooker, J., made October 17, 1892, denying their motion for a new trial. In April, 1890, the plaintiff, Samuel Fountain, and the defendants made an oral agreement to become partners in the purchase and improvement of lots ten (10) and twelve (12) in block four (4) in Morrison’s Addition to Minneapolis. Arthur L. Menard was the son of Joseph Menard.
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Appeal by defendants, Joseph Menard and Arthur L. Menard, from an order of the District Court of Hennepin County, Frederick Hooker, J., made October 17, 1892, denying their motion for a new trial. In April, 1890, the plaintiff, Samuel Fountain, and the defendants made an oral agreement to become partners in the purchase and improvement of lots ten (10) and twelve (12) in block four (4) in Morrison’s Addition to Minneapolis. Arthur L. Menard was the son of Joseph Menard. The son was to have a half interest, and the father and plaintiff each a fourth interest, in the partnership. The father was…
1Opinion of the CourtGilfillan, C. J.
The complaint in this action was so drawn as to suggest the question whether the plaintiff was proceeding on *445the theory of a partnership between the parties to deal in the real estate or of an attempt merely to create a trust in it. It does allege a partnership formed for the purpose; and, without an application to require the plaintiff to make the complaint more definite and certain, or to elect on which theory he would proceed, he had a right to prove any cause of action within the allegations of the complaint, and, as there were enough of them to show a case of partnership, the defendants’…
2Cases cited3 opinions
- O'Neill v. JohnsonSupreme Court of Minnesota · 1893
- Newell v. CochranSupreme Court of Minnesota · 1889
- Hodge v. TwitchellSupreme Court of Minnesota · 1885
3Cited by13 opinions
- Hammel v. FeighSupreme Court of Minnesota · 1919
- Proctor v. HearneSupreme Court of Florida · 1930
- Maguire v. KieselSupreme Court of Connecticut · 1913
- Greusel v. PayneNebraska Supreme Court · 1921
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1906
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