Berry v. Kolb

Decision Date03 January 1913
Citation120 Minn. 522,139 N.W. 138
PartiesBERRY v. KOLB.
CourtMinnesota Supreme Court

120 Minn. 522
139 N.W. 138


Supreme Court of Minnesota.

Jan. 3, 1913.

Appeal from District Court, Clearwater County; W. S. McClenahan, Judge.

Action by John J. Berry against M. J. Kolb. From an order overruling demurrer to complaint, defendant appeals. Affirmed.

[139 N.W. 139]

Wm. A. McGlennon, of Bagley, for appellant.

Marshall A. Spooner, of Minneapolis, Thomas Keefe, of Bagley, and John R. Coan, of Minneapolis, for respondent.


This is an appeal by defendant from an order overruling his demurrer to the complaint.

The claim of the defendant is that the complaint does not allege that plaintiff was damaged by the fraudulent acts of defendant complained of, and that, as damages are the gist of an action for deceit, the complaint does not state a cause of action. But, liberally construed, the complaint does allege that plaintiff was damaged by the...

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