Jamesgaard v. Bayers

• Decision Date: 21 January 1921
• Docket Number: No. 21909.,21909.
• Citation: 148 Minn. 476,180 N.W. 927
• Parties: JAMESGAARD v. BAYERS et al.
• Court: Minnesota Supreme Court

148 Minn. 476

180 N.W. 927

JAMESGAARD

v.BAYERS et al.

No. 21909.

Supreme Court of Minnesota.

Jan. 21, 1921.

Appeal from District Court, Ramsey County; Olin B. Lewis, Judge.

Action by Oscar B. Jamesgaard against P. C. Bayers and another. Judgment for defendants, and from a denial of a new trial, plaintiff appeals. Affirmed.S. B. Smith, of St. Paul, for appellant.

Selover, Schultz & Mansfield, for respondents.

PER CURIAM.

Action to rescind a contract for the exchange of real properties on the ground of fraudulent representations by defendants. The trial was before the court without a jury, and, among other things, the court found as a fact that no fraudulent representations were made by defendants, and as conclusions of law ordered judgment for defendants. Plaintiff appealed from the judgment entered after an order denyin a new trial. The only question presented is whether the findings of the court in the respect stated are sustained by the evidence. After a careful reading of the record we answer the question in the affirmative; the evidence fully supports the conclusion that the transaction was free from fraud or misrepresentation. The assignment of error challenging a ruling of the trial court in the exclusion of evidence is without merit.

Judgment affirmed.