Johnson v. Sherwood
Supreme Court of Minnesota
Appeal by defendant from a judgment of the municipal court of Duluth, entered on a verdict of $132.80 for plaintiff and after the denial of a motion for new trial.
1Opinion of the CourtCollins, J.
In this case, which is brought for the recovery of money alleged to be due upon an express contract, plaintiff had a verdict. Thereafter the trial court denied defendant’s motion for a new trial. His appeal is from a judgment, and the only claim made by appellant is that the verdict was not sustained by the evidence.
■On the trial the plaintiff and defendant were at variance as to the making of the contract. The court charged the jury that it was incumbent upon the plaintiff to prove his case — the making of the contract, and its fulfilment on his part — by a preponderance of testimony. If he…
2Cited by1 opinion
- White v. Western Assurance Co.Supreme Court of Minnesota · 1893