Legal Opinion

Seitz v. Michel

Supreme Court of Minnesota

Decided January 14, 1921No. 22,089PublishedCited by 61 opinions

Action in the district court for Ramsey county to recover $185,000. Among other matters the answer alleged that defendant had at no time employed plaintiff to perform services either upon express or implied •contract; that prior to the commencement of the action plaintiff never made any claim under the terms of the alleged contract, except that in an action heretofore commenced by p-laintiff against defendant, plaintiff alleged in his complaint that defendant “induced the…

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Action in the district court for Ramsey county to recover $185,000. Among other matters the answer alleged that defendant had at no time employed plaintiff to perform services either upon express or implied •contract; that prior to the commencement of the action plaintiff never made any claim under the terms of the alleged contract, except that in an action heretofore commenced by p-laintiff against defendant, plaintiff alleged in his complaint that defendant “induced the plaintiff to embark in said undertakings with him upon the promise that the said plaintiff should become a director and…

1Opinion of the Court

Lees, C.

Defendant moved for judgment on the pleadings. The motion was granted and plaintiff appeals from the judgment.

Though not separately pleaded as such, the complaint embraces two causes of action. With respect to the first, it alleges that the parties were partners from 1891 to 1892, when they organized a Minnesota corporation called the Union Brass and Metal Manufacturing Company to take over their business. In February, 1914, plaintiff owned 469 shares of its stock; defendant, 1,344 shares; and there were eight other stockholders owning 78 shares. Defendant was p-residént and plaintiff…

2Cases cited34 opinions

  1. West v. CamdenSupreme Court of the United States · 1890
  2. Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
  3. Niles v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
  4. Jackson v. HooperSupreme Court of New Jersey · 1910
  5. Jones v. WilliamsSupreme Court of Missouri · 1897

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3Cited by61 opinions

  1. Colonial Refrigerated Transportation, Inc. v. George P. Mitchell, George P. Mitchell v. Colonial Refrigerated Transportation, Inc.Court of Appeals for the Fifth Circuit · 1968
  2. Waller v. WallerCourt of Appeals of Maryland · 1946
  3. Denny v. GuytonSupreme Court of Missouri · 1931
  4. Glicken v. BradfordDistrict Court, S.D. New York · 1964
  5. Guilford Glazer v. Jerome S. Glazer and Louis A. Glazer, Jerome S. Glazer and Louis A. Glazer v. Guilford GlazerCourt of Appeals for the Fifth Circuit · 1967

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