Berry v. Kolb
This text of 139 N.W. 138 (Berry v. Kolb) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal by defendant from an order overruling his demurrer to the complaint.
The claim of the defendant is that the complaint does not allege that plaintiff was damaged by the fraudulent acts of defendant complained of, and that, as damages are the gist of an action for deceit, the complaint does not state a cause of action. But, liberally construed, the complaint does allege that plaintiff was damaged by the fraud of defendant. The allegation that defendant, by means of the fraud, obtained from and converted $7,297.30 of plaintiff’s moneys, is a sufficient allegation of damages, as against a demurrer.
Order affirmed.
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Cite This Page — Counsel Stack
139 N.W. 138, 120 Minn. 522, 1913 Minn. LEXIS 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berry-v-kolb-minn-1913.