Cited by
Opinions in Minnesota that cite Costello v. Johnson, 121 N.W.2d 70.
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Snowman Construction, Appellant,
Minn. Ct. App. 2026
Evidentiary “weight and the credibility of the witnesses is usually for the trier of fact to determine, and it is not compelled to believe any witness merely because his testimony is uncontradicted.”
- State of Minnesota v. Nicholas James Firkus Minn. 2026
- State of Minnesota v. Nicholas James Firkus Minn. 2026
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In the Matter of the Civil Commitment of: Brendon Alan Tempel.
Minn. Ct. App. 2024
(noting that a district court as finder of fact is not required to believe even uncontradicted testimony if there are reasonable grounds to doubt its credibility).
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Minn. 2022
This is an ordinary breach-of- contract action in which Vermillion had the burden of proving the oral agreement “by a fair preponderance of the evidence.”
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State of Minnesota,
Minn. 2020
14 A trier of fact “is not compelled to believe any witness merely because his testimony is uncontradicted.”
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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Shawdy Kiani, petitioner, Appellant,
Minn. Ct. App. 2018
The fact-finder “is not compelled to believe any witness merely because [her] testimony is uncontradicted.”
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Sela Roofing and Remodeling, Inc., d/b/a as Sela Gutter Connection, Respondent,
Minn. Ct. App. 2017
See Costello v. Johnson, 265 Minn. 204, 211, d 70, 76 (1963) (holding that “uncontradict ed testimony does not compel a finding in accordance therewith” and that fact-finder “is not compelled to believe any witness merely because his testimony is uncontradicted”).
- Michael O'Byrne v. Spring Valley Mutual Insurance Company Minn. Ct. App. 2015
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Michael O'Byrne v. Spring Valley Mutual Insurance Company
Minn. Ct. App. 2015
Costello v. Johnson, 265 Minn. 204, 211
- Gellert v. Eginton 770 N.W.2d 190 Minn. Ct. App. 2009
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Gellert v. Eginton
770 N.W.2d 190
Minn. Ct. App. 2009
Costello v. Johnson, 265 Minn. 204, 211
- MCC INVESTMENTS v. Crystal Properties 451 N.W.2d 243 Minn. Ct. App. 1990
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MCC INVESTMENTS v. Crystal Properties
451 N.W.2d 243
Minn. Ct. App. 1990
Costello v. Johnson, 265 Minn. 204, 211
- St. Croix Development, Inc. v. City of Apple Valley 446 N.W.2d 392 Minn. Ct. App. 1989
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St. Croix Development, Inc. v. City of Apple Valley
446 N.W.2d 392
Minn. Ct. App. 1989
Costello v. Johnson, 265 Minn. 204, 211
- Lieberman Music Co. v. Hagen 404 N.W.2d 290 Minn. Ct. App. 1987
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Lieberman Music Co. v. Hagen
404 N.W.2d 290
Minn. Ct. App. 1987
Costello v. Johnson, 265 Minn. 204, 211
- Park-Lake Car Wash, Inc. v. Springer 394 N.W.2d 505 Minn. Ct. App. 1986
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Park-Lake Car Wash, Inc. v. Springer
394 N.W.2d 505
Minn. Ct. App. 1986
Costello v. Johnson, 265 Minn. 204, 211
- Wellens v. Thuening 393 N.W.2d 302 Minn. Ct. App. 1986
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Wellens v. Thuening
393 N.W.2d 302
Minn. Ct. App. 1986
Costello v. Johnson, 265 Minn. 204
- Olson, Clough & Straumann v. Trayne Properties 392 N.W.2d 2 Minn. Ct. App. 1986
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Olson, Clough & Straumann v. Trayne Properties
392 N.W.2d 2
Minn. Ct. App. 1986
Cf. Costello v. Johnson, 265 Minn. 204, 208 , (a plaintiff must prove damages by a fair preponderance of the evidence).
- Roettger v. United Hospitals of St. Paul, Inc. 380 N.W.2d 856 Minn. Ct. App. 1986
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Roettger v. United Hospitals of St. Paul, Inc.
380 N.W.2d 856
Minn. Ct. App. 1986
See, e.g., Costello v. Johnson, 265 Minn. 204, 211 , Cameron v. Evans, 241 Minn. 200, 204
- Frank v. Jansen 226 N.W.2d 739 Minn. 1975
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Frank v. Jansen
226 N.W.2d 739
Minn. 1975
In the case of Costello v. Johnson, 265 Minn. 204 , the buyers raised a contractual provision calling for forfeiture of earnest money as a defense in a seller’s action for actual damages.
- Kelley v. Olson 136 N.W.2d 621 Minn. 1965
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Kelley v. Olson
136 N.W.2d 621
Minn. 1965
See, Costello v. Johnson, 265 Minn. 204, 208 , 121 N. W. (2d) 70, 74 .