Davies v. Lyon
Supreme Court of Minnesota
This action being at issue on the complaint and the answer of defendant Lyon, and being brought on for trial in the district court for Hennepin county, before Lochren, J., the defendant Lyon moved for judgment on the pleadings. The motion was granted, judgment was entered, and the plaintiff appealed.
1Opinion of the CourtMitchell, J.
The complaint alleges that defendant Dexter was the agent of defendant Lyon, and as such undertook to sell plain*428tiff lot five, in block six, in Baker’s second addition to Minneapolis. Construed most favorably for plaintiff, this can only be held to mean that Dexter was the special agent of Lyon, constituted for the particular and sole purpose of selling this lot 5.
The complaint further alleges that, to induce plaintiff to buy, Dexter falsely and fraudulently pointed out and showed her another lot (lot 7) as being lot 5; that, relying on these representations as true, plaintiff made the…
2Cases cited6 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Sandford v. HandyNew York Supreme Court · 1840
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Huston v. Peters, Hardin & Co.Court of Appeals of Kentucky · 1859
- Durst v. . BurtonNew York Court of Appeals · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Clark v. LoveringSupreme Court of Minnesota · 1887