Minnesota Reports; Cases Argued and Determined in the Supreme Court of Minnesota Volume 9

Minnesota Reports; Cases Argued and Determined in the Supreme Court of Minnesota Volume 9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...for him on Sunday. Comp. Stat. 730, 19,20; 1 Hill, 76; 2 Conn. 73; 19 Barb. 581; 24 N. Y. 353; 8 Minn. I0; id. 46. 6. An action for deceit or breach of warranty founded upon the sale cannot be maintained. If the plaintiff's illegal act enters into the transaction the whole must fail. 14 Wend. 248; 12 Met. 24; 10 Met. 363; 4 Cush. 322; 13 Met. 284; 15 N. H. 577. 7. The only case in this country which holds that an illegal contract of this character can be made good by a retention of the subject-matter of the contract, is Adams v. Gray, 17 Vt. 358, and is at variance with the analogies of the law and the general current of authorities. 2 Parsons Cont. 253-262; 3 Mee. & W. 240. 8. The objection was properly raised by the motion, and the denial of the motion for judgment is error. Upon the plaintiff's own showing the contract was consummated on Sunday, and there was no question of fact to submit to thejury. 10 Barb. 663; 13 Barb. 10; 21 Wend. 537. 9. We do not admit a valid sale. We take issue upon the contract sued upon, and as the plaintiff cannot make out his claim without showing an illegal act, his own evidence fails to support his action. 4 Cush. 326. Points and authorities for respondent: --1. The defendant cannot show prejudice from the ruling of the court below in reference to the additional security, because--First, the whole question was within the discretion of the court, and the additional surety was rightly required. Comp. Stat. 518, 145. Second, there was really no ruling. The defendant waived the making of the afiidavit required by the court, and all exception to the ruling, and voluntarily furnished the additional surety, without waiting for the state of facts to arise on which the court had expressed an...show more

Product details

  • Paperback | 116 pages
  • 189 x 246 x 6mm | 222g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236928601
  • 9781236928603