Northern States Power Co. v. Franklin

• Citation: 122 N.W.2d 26,265 Minn. 391
• Decision Date: 17 May 1963
• Docket Number: No. 38728,38728
• Parties: NORTHERN STATES POWER COMPANY, Respondent, v. Lydia E. FRANKLIN et al., Respondents, Schmidt Investment Co., Inc., Appellant.
• Court: Supreme Court of Minnesota (US)

Page 26

122 N.W.2d 26

265 Minn. 391

NORTHERN STATES POWER COMPANY, Respondent, v. Lydia E. FRANKLIN et al., Respondents, Schmidt Investment Co., Inc., Appellant.

No. 38728.

Supreme Court of Minnesota.

May 17, 1963.

Syllabus by the Court

1. A motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Rule 12.02, Rules of Civil Procedure, unlike a motion for summary judgment where matters outside the pleadings are presented, serves a very limited function. Such a motion to dismiss will be granted only if it appears to a certainty from the pleadings as a whole that no facts exist which could be introduced consistent with the pleadings to support granting the relief demanded.

2. In a suit for reformation of a deed of easement on the ground of mutual mistake, alternative counterclaims asserting damages were interposed, one on the theory of trespass or nuisance and the other, if reformation be granted, on the theory of negligence in the preparation of the deed of easement. Held that the counterclaim alleging trespass stated a claim upon which relief could theoretically be granted, and that the counterclaim alleging negligence was fatally deficient because of inherent inconsistency.

Dorfman & Rudquist, Howard S. Marker, Minneapolis, for appellant.

Comaford, Fassett, Clarkson & Lewis, David W. Lewis, Bruce James, Minneapolis, for respondents.

ROGOSHESKE, Justice.

Appeal from an order dismissing alternative counterclaims asserted by defendant Schmidt Investment Company, Inc., hereinafter designated defendant. The order resulted from a motion by plaintiff pursuant to Rule 12.02(5), Rules of Civil Procedure.

The sole issue raised by the appeal is whether the allegations of defendant's counterclaims were sufficient to withstand a motion for dismissal on the ground that each failed to state a claim upon which relief could be granted.

Defendant's pleadings were in response to plaintiff's complaint which alleged that on July 18, 1951, Lydia E. Franklin and Loren V. Franklin, her husband, granted and sold to plaintiff an easement over approximately a quarter section of land owned by Lydia for the purpose of constructing and maintaining an electric transmission line. The deed of easement was prepared by plaintiff and filed for record on February 20, 1952. Pursuant to the right of easement granted, plaintiff, on February 15, 1952, constructed, and has ever since possessed and maintained, an electric transmission line over an area it alleges was understood by both the grantors and grantee to be described in the easement. This line consisted of two steel towers supporting three conductor wires and two shield wires.

On January 2, 1959, defendants Franklin entered into a contract for sale of their tract with defendant. Subsequently, in 1961, plaintiff discovered that the description of the centerline contained in the deed of easement varied from the location upon which the transmission line was constructed. The description of the land granted by the easement included a strip of land 250 feet wide on either side of a centerline which began at a point 545 feet south of the northeast corner of the quarter section, thence running southwesterly across the section to a point 775 feet West of the southwest corner of the quarter section. The complaint alleged that the word 'west' in the description was used by mistake and that the parties intended that the terminus of the line be at a point 775 feet East of the southwest corner. It is apparent that if the description of the recorded easement were followed the west terminus of the line would have been located outside the quarter section described in the deed of easement. The complaint alleged that this error was made by the scrivener and was a mutual mistake by the plaintiff and defendants Franklin, and that the interest transferred to defendant Schmidt was acquired with full knowledge and notice of plaintiff's right of easement. Plaintiff prayed for a reformation of the instrument upon the ground of mutual mistake.

Both defendants Franklin and defendant Schmidt filed an answer denying plaintiff's complaint. Defendant Schmidt's answer alleged that the easement obtained by plaintiff was never memorialized on the certificate of title covering the land, that the mistake, if made, was unilateral, and that its purchase was without notice of the rights of plaintiff. In addition, defendant interposed alternative counterclaims against plaintiff. The first alleged that the transmission line constitutes a nuisance and a trespass upon its property, for which it sought a permanent injunction requiring plaintiff to remove said line or damages in the sum of $50,000. In the second, defendant alleged that '(i)f it should be determined that plaintiff is entitled to reformation of the deed of easement,' plaintiff was negligent in preparing said deed of easement and, as a result of said negligence, the defendant has been damaged to the extent of a diminution of $50,000 in the value of the property.

When issue was thus joined, plaintiff filed a motion to dismiss the counterclaims upon the ground that each failed to state a claim against plaintiff upon which relief could be granted. The trial court granted dismissal, reasoning that defendant's allegations admitting the existence of the transmission line upon the land since February 1952 necessarily admit that consent had been given for the original entry and no trespass could result even though the line was not constructed in accordance with the easement. The court's dismissal of the counterclaim based upon negligence was likewise founded upon the fact that the transmission line existed and was visible when defendant acquired its interest in the land, constituting notice of the rights of plaintiff. Defendant contends that the trial court erred in dismissing the counterclaims essentially because factual determinations were made and the court had no authority to do so when considering a motion to dismiss under Rule 12.02.

1. When plaintiff's motion to dismiss was heard, neither party presented any matter outside the pleadings to enable the court to treat the motion as one for summary judgment, as the language of Rule 12.02 expressly invites and authorizes. Under such circumstances, a motion to dismiss based on Rule 12.02(5) serves an extremely limited function. The only factual information presented is that which is disclosed by the pleadings as a whole. One of the fundamental changes intended by the adoption of our Rules of Civil Procedure, particularly as embodied in Rule 8, was to permit the pleading of events by way of a broad general statement which may express conclusions rather than, as was required under code pleading, by a statement of facts sufficient to constitute a cause of action. The functions of a pleading today are simply to give fair notice to the adverse party of the incident giving rise to the suit with sufficient clarity to disclose the pleader's theory upon which his claim for relief is based, to permit the application of the doctrine of res judicata, and to determine whether the case must be tried by the jury or the court. Roberge v. Cambridge Co-op. Creamery Co., 243 Minn. 230, 67 N.W.2d 400; Royal Realty Co. v. Levin, 244 Minn. 288, 69 N.W.2d 667; Wright, Minnesota Rules, p. 45. ¹ No longer is a pleader required to allege facts and every element of a cause of action. A claim is sufficient against a motion to dismiss based on Rule 12.02(5) if it is possible on any evidence which might be produced, consistent with the pleader's theory, to grant the relief demanded. To state it another way, under this rule a pleading will be dismissed only if it appears to a certainty that no facts, which could be introduced consistent with the pleading, exist which would support granting the relief demanded. ² Addressing ourselves to the sufficiency of defendant's counterclaims under Rule 8, we are thus required to do little more than engage in an exercise in theoretical logic.

2. In its alternative counterclaim, asserted If reformation is granted, defendant alleged that plaintiff was negligent in preparing the deed of easement and defendant is entitled to damages caused by such negligence. We have no difficulty in upholding the trial court's dismissal of this claim. However, our basis for dismissal is that this pleading is intrinsically inconsistent. Any evidence which might be introduced to support liability for negligence would defeat reformation. Negligence is a defense to reformation where it adversely affects the rights of a bona fide purchaser without notice. ³ If reformation is granted, the court...