Legal Opinion

Rollins v. Wibye

Supreme Court of Minnesota

Decided January 31, 1889Published

Appeal by defendant from an order of the district court for Winona county, Start, J., presiding, refusing a new trial.

1Opinion of the CourtDickinson, J.

The plaintiff resides in the state of Iowa; the defendant, in this state. The former owned a stallion called “Montana the latter owned one called “Solide.” At the plaintiff’s place of residence in Iowa, — the defendant’s horse not being there, — the parties entered into an agreement concerning an exchange of the animals. The precise nature of this agreement is a subject of controversy in this action. In the complaint it is alleged that the defendant, among other things, represented his stallion as being sound and healthy; that, relying upon such representations, the plaintiff entered into a…

2Cases cited3 opinions

  1. Montgomery v. McEwenSupreme Court of Minnesota · 1862
  2. Schwerin v. De GraffSupreme Court of Minnesota · 1875
  3. Roles v. MintzerSupreme Court of Minnesota · 1880

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