Legal Opinion

King v. Duluth, Missabe & Northern Railway Co.

Supreme Court of Minnesota

Decided June 28, 1895No. Nos. 9273—(167)PublishedCited by 45 opinions

Appeal by defendant from an order of the district court for St. TLouis county, Ensign, J., overruling a demurrer to both causes of ¡¡action ¡in the complaint. Appellant was entitled to insist on respondent’s performance of the contract, and a promise to pay him additional compensation for such performance is without consideration.

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Appeal by defendant from an order of the district court for St. TLouis county, Ensign, J., overruling a demurrer to both causes of ¡¡action ¡in the complaint. Appellant was entitled to insist on respondent’s performance of the contract, and a promise to pay him additional compensation for such performance is without consideration. Ayers v. Chicago, E. I. & P. E. Co., 52 Iowa, 478, 3 N. W. 522; McCarty v. Hampton B. Assn., 61 Iowa, 287, 16 N. W. 114; Festerman v. Parker, 10 Ired. Law, 474'; Hasbrouclc v. Winkler, 48 N. J. Law, 431, 6 Atl. 22; Lingenfelder y. Wainwright B. Co., 103 Mo. 578, 15…

1Opinion of the Court

START, C. J.2

This is an action brought by the plaintiff, as surviving partner of the firm of Wolf & King, to recover a balance claimed to be due for the construction of a portion of the defendant’s line of railway. The complaint alleges two supposed causes of action, to each of which the defendant demurred on the ground that neither states facts constituting a cause of action. From an order overruling the demurrer the defendant appealed.

1. The complaint for a first cause of action alleges, among other things, substantially, that in January, 1893, the firm of Wolf & King entered into three…

2Cases cited12 opinions

  1. Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
  2. Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
  3. Robinson v. . JewettNew York Court of Appeals · 1889
  4. Ayres v. C., R. I. & P. R.Supreme Court of Iowa · 1879
  5. Rogers v. Rogers & BrotherMassachusetts Supreme Judicial Court · 1885

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3Cited by45 opinions

  1. Reeves v. PorterSupreme Court of Alabama · 1988
  2. Alaska Packers' Ass'n v. DomenicoCourt of Appeals for the Ninth Circuit · 1902
  3. Blakeslee v. Board of Water CommissionersSupreme Court of Connecticut · 1927
  4. Linz v. SchuckCourt of Appeals of Maryland · 1907
  5. Schwartzreich v. . Bauman-Basch, Inc.New York Court of Appeals · 1921

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