Legal Opinion

Timmerman v. Whiting

Supreme Court of Minnesota

Decided July 5, 1912No. Nos. 17,591—(136)PublishedCited by 9 opinions

Action in the district court for Blue Earth county to recover $517.-55 for alleged fraudulent representations in exchange of real estate. Defendant demurred to the amended complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled and defendant’s answer was a general denial.

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Action in the district court for Blue Earth county to recover $517.-55 for alleged fraudulent representations in exchange of real estate. Defendant demurred to the amended complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled and defendant’s answer was a general denial. The case was tried before Pfau; J., and a jury which returned a verdict in favor of plaintiff for $636.39. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.

1Opinion of the CourtHolt, J.

Plaintiff recovered a verdict for defendant’s fraud and deceit. Defendant’s motion for judgment notwithstanding the verdict or for a new trial being denied, he appeals.-

On May 3, 1905, plaintiff owned one hundred sixty acres of land in Red Lake county, this state, subject to $1,050 incumbrance, and defendant was in possession of twelve acres of land in or near Mankato, on which was a first mortgage of $1,000 and a second mortgage of $1,700. The record title to the twelve acres was -in Mrs. Geddes. She, however, prior to the date mentioned, had given a contract to convey the same to one Hall,…

2Cases cited4 opinions

  1. Berkey v. JuddSupreme Court of Minnesota · 1875
  2. Applebee v. PerrySupreme Court of Minnesota · 1902
  3. Laybourn v. ZinnsSupreme Court of Minnesota · 1904
  4. Minneapolis, Saint Paul, Rochester & Dubuque Electric Traction Co. v. EnggrenSupreme Court of Minnesota · 1910

3Cited by9 opinions

  1. Langston v. CurrieMontana Supreme Court · 1933
  2. Everett v. GillilandNew Mexico Supreme Court · 1943
  3. Cox v. WilliamsonMontana Supreme Court · 1951
  4. State v. FinneganSupreme Court of Minnesota · 2010
  5. Tysk v. GriggsSupreme Court of Minnesota · 1958

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