Potter v. Mellen
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Hennepin county, to recover damages alleged to have been caused by the deceit of the defendants in falsely representing the value of a laundry business sold by them to the plaintiff. The action was tried before Koonf J., and a jury, and, when plaintiff rested his case, was dismissed by the court on the ground that there was nothing to go to the jury. Plaintiff appeals from an order refusing a new trial.
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The plaintiff brought this action in the district court for Hennepin county, to recover damages alleged to have been caused by the deceit of the defendants in falsely representing the value of a laundry business sold by them to the plaintiff. The action was tried before Koonf J., and a jury, and, when plaintiff rested his case, was dismissed by the court on the ground that there was nothing to go to the jury. Plaintiff appeals from an order refusing a new trial. Even if appellant was entitled to nominal damages, this court will not, for that reason, grant a new trial. Warner v. Lockerby, 31…
1Opinion of the CourtVanderburgh, J.
Action for deceit in the sale of a laundry, including the fixtures and good-will of the business. The evidence tended to show that the defendants falsely represented to the plaintiff' that the weekly receipts of the business were largely in excess of what they actually were, and that the plaintiff was thereby induced to become the purchaser. This, if true, was sufficient to make out a case of actionable fraud, and for the recovery of such damages as plaintiff might be shown to have suffered. Pilmore v. Hood, 5 Bing. N. C. 97; Sedg. Dam. *91. The action was, however, dismissed by the court for…
2Cases cited3 opinions
- Eaton v. LymanWisconsin Supreme Court · 1872
- Johnson v. HowardSupreme Court of Minnesota · 1874
- Smith v. SuttsNew York Supreme Court · 1806
3Cited by10 opinions
- Ferreira v. Honolulu Star-Bulletin, Ltd.Hawaii Supreme Court · 1960
- Erickson v. Minnesota & Ontario Power Co.Supreme Court of Minnesota · 1916
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Alden v. WrightSupreme Court of Minnesota · 1891
- Farmer v. CrosbySupreme Court of Minnesota · 1890
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