Legal Opinion

Schmidt v. Thompson

Supreme Court of Minnesota

Decided May 10, 1918No. 20,810PublishedCited by 10 opinions

Action in the district court for Todd county to recover $10,000 for false representations in exchange of property. Defendant interposed a counterclaim for $381. The case was tried before Roeser, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and at the close of the testimony his motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $4,661.87. From an order denying his motion for judgment notwithstanding…

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Action in the district court for Todd county to recover $10,000 for false representations in exchange of property. Defendant interposed a counterclaim for $381. The case was tried before Roeser, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and at the close of the testimony his motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $4,661.87. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the CourtBunn, J.

In May, 1915, plaintiff owned a farm near the station of Philbrook in Todd county, and some live stock and farm machinery. Defendant, a real estate dealer at Staples and Motley, owned a stock of general merchandise in a store in the village of Altoona, Iowa. Plaintiff and her husband conveyed the farm and personal property to defendant, and he gave plaintiff a bill of sale of the stock of merchandise. In the trade the interest of plaintiff in the farm and personal property was valued at $7,000 and the merchandise stock at $14,000. Plaintiff gave defendant a note for $7,000 secured by a…

2Cases cited5 opinions

  1. Selover v. BryantSupreme Court of Minnesota · 1893
  2. Ludowese v. AmidonSupreme Court of Minnesota · 1914
  3. Adan v. SteinbrecherSupreme Court of Minnesota · 1911
  4. Brown v. AndrewsSupreme Court of Minnesota · 1911
  5. Kraus v. National Bank of Commerce of MankatoSupreme Court of Minnesota · 1918

3Cited by10 opinions

  1. Berryman v. RiegertSupreme Court of Minnesota · 1970
  2. Bulau v. BulauSupreme Court of Minnesota · 1940
  3. City of Coon Rapids v. Suburban Engineering, Inc.Supreme Court of Minnesota · 1969
  4. Brecht v. Town of BergenSupreme Court of Minnesota · 1931
  5. Rother v. HinikerSupreme Court of Minnesota · 1940

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