Erickson v. Fisher
Supreme Court of Minnesota
Appeal by Mary A. Cremer and William J. Cremer, two of the defendants, from a judgment of the District Court of St. Louis County, Ensign, J., entered February 11, 1892. Theodore M. Erickson, in December, 1889, owned Lot 317, Block 72, of Duluth Proper, Second Division, and a livery stable, and outfit thereon. Mary A. Cremer owned twenty lots in Ivy Hill Falls Addition to St. Paul, and twenty-three lots in McCloud’s Park Addition to South St. Paul.
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Appeal by Mary A. Cremer and William J. Cremer, two of the defendants, from a judgment of the District Court of St. Louis County, Ensign, J., entered February 11, 1892. Theodore M. Erickson, in December, 1889, owned Lot 317, Block 72, of Duluth Proper, Second Division, and a livery stable, and outfit thereon. Mary A. Cremer owned twenty lots in Ivy Hill Falls Addition to St. Paul, and twenty-three lots in McCloud’s Park Addition to South St. Paul. December 30th, Erickson and William F. Fisher, Jr., entered into a written contract by the terms of which Erickson agreed to convey to Fisher the…
1Opinion of the CourtMitchell, J.
This was an action for the rescission, on the ground of fraud, of an executed contract, by which plaintiff exchanged cer*302tain real and personal property in Duluth for certain lots in “Ivy Hill Falls addition to St. Paul,” and a mortgage for $ 10,000 on certain other lots in “McCloud’s Park addition to South St. Paul.”
Plaintiff made the trade with defendant Fisher as principal, but in fact Fisher was acting in behalf of the Cremers, and immediately transferred all the proceeds of the transaction to Mrs. Cremer. From an examination of the evidence, we are perfectly satisfied that it fully…
2Cases cited2 opinions
- Thompson v. MyrickSupreme Court of Minnesota · 1877
- Maxfield v. SchwartzSupreme Court of Minnesota · 1890
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- Hanson v. KlineSupreme Court of Iowa · 1907
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