Legal Opinion

Bergh v. Sloan

Supreme Court of Minnesota

Decided April 27, 1893PublishedCited by 8 opinions

Appeal by defendant, Samuel G. Sloan, from an order of the District Court of Ramsey County, W. D. Cornish, J., made December 2, 1892, denying his motion for a new trial. On July 2, 1887, James Stinson sold at auction a block of land in one of his Ad di I ions to St. Paul. It was bid in by the plaintiff, Christian C. Bergh.

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Appeal by defendant, Samuel G. Sloan, from an order of the District Court of Ramsey County, W. D. Cornish, J., made December 2, 1892, denying his motion for a new trial. On July 2, 1887, James Stinson sold at auction a block of land in one of his Ad di I ions to St. Paul. It was bid in by the plaintiff, Christian C. Bergh. He paid the price, $4,000, and gave the defendant a memorandum in writing signed by him, which read as follows: “To Sam’l G. Sloan, St. Paul: I hereby acknowledge that you and myself are equally interested in the purchase of James Stinson of block 12, Stinson’s Francis…

1Opinion of the CourtDickinson, J.

This is an appeal by the defendant from an order refusing a new trial. The case of the plaintiff, as set forth in his complaint, and as presented at the trial, was, in brief, that these parties entered into an agreement, which he claims to have been of the nature of a partnership, for the purchase of a certain tract of land, it being agreed that the plaintiff should pay the purchase price, $4,000, and for the convenience of the parties take the title in his own name, but for the benefit of both parties; that they should bear equally the burden of taxation; that the defendant should pay to the…

2Cases cited3 opinions

  1. Smith v. PearsonSupreme Court of Minnesota · 1890
  2. Loudy v. ClarkeSupreme Court of Minnesota · 1891
  3. Coburn v. Life Indemnity & Investment Co.Supreme Court of Minnesota · 1893

3Cited by8 opinions

  1. Valerius v. RichardSupreme Court of Minnesota · 1894
  2. Smith v. Gray Motor Co.Supreme Court of Minnesota · 1926
  3. Esterly-Hoppin Co. v. BurnsSupreme Court of Minnesota · 1916
  4. Staley v. Theo. Hamm Brewing Co.Supreme Court of Minnesota · 1919
  5. Quinn v. St. Paul Boiler & Manufacturing Co.Supreme Court of Minnesota · 1915

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