Burns v. Jordan
Cited by
- Park Nicollet Clinic v. Hamann 808 N.W.2d 828 Minn. 2011
- Smith v. Altier 238 N.W. 479 Minn. 1931
Authorities cited
Identified automatically; this list may not be exhaustive.
- Bryant v. Livermore 20 Minn. 313
- 10 Minn. 314 not in our corpus
- 20 Minn. 318 not in our corpus
Opinion text
Collins, J. The answer herein, to which a general demurrer was interposed, admitted the execution and delivery of the note sued *26 upon, and then, by way of counterclaim, alleged a breach of a contract, between plaintiffs and defendants, for the sale and delivery to the latter of certain lumber, and for which, and upon no other consideration, they executed the note in question. The answer contains several averments as to the manner in which defendants were damaged, and the amount of their loss thereby, concerning which we are not required to express an opinion. The answer sufficiently alleges a breach of the contract, and upon that alone the defendants are entitled to nominal damages. Cowley v. Davidson, 10 Minn. 314 , (392;) Wilson v. Clarke, 20 Minn. 318 , (367.) The demurrer was properly overruled. Order affirmed.