Rhodes v. Pray
Supreme Court of Minnesota
Plaintiff, as executor of E. W. Grosvenor, brought this action in the district court for Hennepin county to recover the amount of two due-bills, of different date, each signed by the defendant, and each stating that “there will be due to E. W. Grosvenor, on our final •settlement on the purchase of ” a section of land described in it, "“the sum of $3,023.75.” In his complaint the plaintiff alleges that the due-bills were given for the price of Grosvenor’s equitable internet…
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Plaintiff, as executor of E. W. Grosvenor, brought this action in the district court for Hennepin county to recover the amount of two due-bills, of different date, each signed by the defendant, and each stating that “there will be due to E. W. Grosvenor, on our final •settlement on the purchase of ” a section of land described in it, "“the sum of $3,023.75.” In his complaint the plaintiff alleges that the due-bills were given for the price of Grosvenor’s equitable internet in the lands described in them, on a sale thereof to the defendant. In his answer the defendant admitted the purchases,…
1Opinion of the CourtDickinson, J.
The defendant’s motion, made at the trial, to com-pel the plaintiff to elect upon which of the several causes of action, :as set forth in the complaint, he would rely, was addressed to the ;sound discretion of the court. Hawley v. Wilkinson, 18 Minn. 468, (525;) Plummer v. Mold, 22 Minn. 15; Wagner v. Nagel, 33 Minn. 348, (23 N. W. Rep. 308.) The refusal to require an election was not an abuse of discretion, in view, especially, of the fact that the *394plaintiff was suing as executor, and upon a cause of action the precise facts in respect to which may well have been supposed to have been…
2Cases cited4 opinions
- Wagner v. NagelSupreme Court of Minnesota · 1885
- Plummer v. MoldSupreme Court of Minnesota · 1875
- Drake v. BartonSupreme Court of Minnesota · 1872
- Griswold v. EdsonSupreme Court of Minnesota · 1884
3Cited by4 opinions
- Theodore Wetmore & Co. v. ThurmanSupreme Court of Minnesota · 1913
- Farmers' Savings Bank of Arispe v. Arispe Mercantile Co.Supreme Court of Iowa · 1908
- Munn v. CookNew York Supreme Court · 1890
- Walter W. Oeflein, Inc. v. VoellWisconsin Supreme Court · 1935