Tilleny v. Wolverton
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, to recover $65,000, the profit alleged to have been realized on the resale, by defendants and their associates, of the property purchased by them of plaintiff as stated in the opinion. At the trial, before Lochren, J., the plaintiff rested her case without evidence of her want of knowledge of defendants’ interest in the original purchase, or that she was deceived on that point.
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Plaintiff brought this action in the district court for Hennepin county, to recover $65,000, the profit alleged to have been realized on the resale, by defendants and their associates, of the property purchased by them of plaintiff as stated in the opinion. At the trial, before Lochren, J., the plaintiff rested her case without evidence of her want of knowledge of defendants’ interest in the original purchase, or that she was deceived on that point. The court held thaf the burden was on plaintiff, and, on defendants’ motion, ordered a dismissal. The plaintiff appeals from an order refusing a…
1Opinion of the CourtGilfillan, C. J.
These facts substantially appear by the pleadings : The plaintiff, being the owner of certain real estate, made the defendants her agents to sell the same at the price of $35,000, she agreeing to pay them a commission of 2J per cent, for making a sale; that while such agents, the defendants made a sale at said price to Jewett, Keith, Johnson, and themselves, with the understanding that the title should be taken for the benefit of all by Jewett, and that he should execute his notes and mortgage for the deferred payments; that upon such sale the plaintiff executed the conveyance to Jewett, and…
2Cases cited3 opinions
- Hegenmyer v. MarksSupreme Court of Minnesota · 1887
- Rubidoex v. ParksCalifornia Supreme Court · 1874
- Webb v. PaxtonSupreme Court of Minnesota · 1887
3Cited by16 opinions
- Holmes v. CathcartSupreme Court of Minnesota · 1903
- Doyen v. BauerSupreme Court of Minnesota · 1941
- Clay v. CumminsSupreme Court of Alabama · 1917
- Magee v. OddenSupreme Court of Minnesota · 1945
- Ottawa Banking & Trust Co. v. Crookston State Bank Ex Rel. VeigelSupreme Court of Minnesota · 1931
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