Legal Opinion

Clark v. Lovering

Supreme Court of Minnesota

Decided June 15, 1887PublishedCited by 4 opinions

Appeal by defendants from an order of the district court for Ramsey county, Brill, J., presiding, overruling their joint demurrer to the complaint.

1Opinion of the CourtVanderburgh, J.

1. The defendants all unite in a general demurrer to the complaint for insufficiency. If, therefore, the complaint states *121a good cause of action against any of the defendants, the demurrer cannot be sustained. Pom. Bern. § 291; Lewis v. Williams, 3 Minn. 95, (151.)

2. The allegations as respects the fraud of the defendants Linden and Ham in procuring the property turned out by plaintiff in part-payment of the purchase price of the lots in question are sufficient to make out a cause of action against them. It is alleged .that they made the representations in order to induce plaintiff to make…

2Cases cited4 opinions

  1. Busterud v. FarringtonSupreme Court of Minnesota · 1887
  2. Hathaway v. BrownSupreme Court of Minnesota · 1872
  3. Merriam v. Pine City Lumber Co.Supreme Court of Minnesota · 1877
  4. Davies v. LyonSupreme Court of Minnesota · 1887

3Cited by4 opinions

  1. Petsch v. Dispatch Printing Co.Supreme Court of Minnesota · 1889
  2. Whitcomb v. HardySupreme Court of Minnesota · 1897
  3. Johnson v. VelveSupreme Court of Minnesota · 1902
  4. Kneeland v. CoatsworthSuperior Court of Buffalo · 1890

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