Todd v. Bettingen
Supreme Court of Minnesota
Action in tbe district court for Hennepin county to recover $20,500-as and for money had and received. Defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. From an order, Simpson, J., overruling the demurrer, plaintiff appealed. Plaintiff seeks to recover a part of the consideration for an entire-contract.
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Action in tbe district court for Hennepin county to recover $20,500-as and for money had and received. Defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. From an order, Simpson, J., overruling the demurrer, plaintiff appealed. Plaintiff seeks to recover a part of the consideration for an entire-contract. He does not allege that he ever notified appellant that the contract was rescinded or that he has restored or offered to restore the-stock that he took under it. It was in large part performed. 1 Chitty, PI. 355; Hunt v.…
1Opinion of the Court
JAGGARD, j.
This case has been before this court on other issues (98 Minn. 170, 107 N. W. 1049), in which the complaint was construed to set forth a cause of action for recovery of damages upon breach of a contract, void under the statute of frauds.
*496The complaint in this action- was for money had and received. So far as here involved, it set forth: Pursuant to an oral agreement, plaintiff delivered to defendant shares of stock of the value of $31,500. The defendant delivered stock in another company of the value of $11,000, but failed and refused to convey a -described tract- of land which he…
2Cases cited19 opinions
- Wright v. DickinsonMichigan Supreme Court · 1887
- Beardsley v. RootNew York Supreme Court · 1814
- Jarboe v. SeverinIndiana Supreme Court · 1882
- Dean v. MasonSupreme Court of Connecticut · 1822
- Kicks v. State BankNorth Dakota Supreme Court · 1904
14 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Cady v. BushSupreme Court of Minnesota · 1969
- Youngstown Mines Corp. v. ProutSupreme Court of Minnesota · 1963
- Town of Balkan v. Village of BuhlSupreme Court of Minnesota · 1924
- Olson v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1914
- Heywood v. Northern Assurance Co.Supreme Court of Minnesota · 1916
26 more not listed; retrieve them via the Exa API.