Cummings v. Petsch

Supreme Court of Minnesota

Cummings v. Petsch

42 N.W. 789, 41 Minn. 115, 1889 Minn. LEXIS 283

DecidedJune 25, 1889

StatusPublished

This text of 42 N.W. 789 (Cummings v. Petsch) 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.

Bluebook

Cummings v. Petsch, 42 N.W. 789, 41 Minn. 115, 1889 Minn. LEXIS 283 (Mich. 1889).

Pincite

Opinion

By the Court.

1. The appellant’s claim , of a fatal variance between the pleadings and the proof in this case is disposed of by saying that there was no suggestion of this point in the court below, and, further, that the settled case shows that, just before the plaintiff rested, the defendant admitted that if the former proved the alleged nontract he would be entitled to recover.

2. The dispute between these parties was as to the making of a ■certain contract. The plaintiff testified in the most unequivocal manner that it had been made, and was flatly contradicted by the •defendant. The jury decided as between these witnesses, and the verdict cannot be disturbed. It was justified by the evidence.

Order affirmed.

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By the Court.

1. The appellant’s claim , of a fatal variance between the pleadings and the proof in this case is disposed of by saying that there was no suggestion of this point in the court below, and, further, that the settled case shows that, just before the plaintiff rested, the defendant admitted that if the former proved the alleged nontract he would be entitled to recover.

2. The dispute between these parties was as to the making of a ■certain contract. The plaintiff testified in the most unequivocal manner that it had been made, and was flatly contradicted by the •defendant. The jury decided as between these witnesses, and the verdict cannot be disturbed. It was justified by the evidence.

Order affirmed.

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Bluebook (online)

42 N.W. 789, 41 Minn. 115, 1889 Minn. LEXIS 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cummings-v-petsch-minn-1889.