McGinty v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $2,560, as damages for breach of contract. At the close of plaintiff’s case, the court, O. B. Lewis, J., granted the motion of defendant to dismiss the action, to which plaintiff excepted. From an order denying a motion for a new trial, made on the grounds that the decision was not justified by the evidence and was contrary to law, and of errors occurring at the trial and excepted to at the time, plaintiff appealed.
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Action in the district court for Ramsey county to recover $2,560, as damages for breach of contract. At the close of plaintiff’s case, the court, O. B. Lewis, J., granted the motion of defendant to dismiss the action, to which plaintiff excepted. From an order denying a motion for a new trial, made on the grounds that the decision was not justified by the evidence and was contrary to law, and of errors occurring at the trial and excepted to at the time, plaintiff appealed. Exhibit A is a binding contract, and not a mere license. Ells-worth v. Southern Minnesota Ry. E. Co., 31 Minn. 543. Under…
1ConcurrenceCanty, J.
I concur in the foregoing opinion except so far as it lays down the broad proposition that, when a written instrument purports on its face to be signed by an agent, it is presumed, under G. S. 1894, § 5751, that the agent had authority to sign it. My position on this question is set forth in my dissenting opinion in Moore v. Holmes, 68 Minn. 108, 70 N. W. 872.
2Cases cited1 opinion
- Moore v. HolmesSupreme Court of Minnesota · 1897