Kelly v. Pioneer Press Company
| Decision Date | 28 April 1905 |
| Docket Number | 14,292 - (106) |
| Citation | 103 N.W. 330,94 Minn. 448 |
| Parties | JOHN F. KELLY v. PIONEER PRESS COMPANY |
| Court | Minnesota Supreme Court |
Appeal by plaintiff from an order of the district court for Ramsey county, Jaggard, J., denying a motion for a new trial, after a trial and directed verdict in favor of defendant. Affirmed.
Avoidance of Release on Ground of Fraud.
Where a release of damages embracing the subject-matter in a legal controversy is sought to be avoided upon the ground of fraud it is necessary to show intentional misrepresentations (scienter), and the failure to do so is fatal to the claims of the party relying upon the alleged fraud.
John F Kelly, pro se.
Frederick G. Ingersoll and Charles A. Hart, for respondent.
The parties to this action entered into a contract under the terms of which defendant was to publish for plaintiff copies of the lawbook known as "Kelly's Index Digest to the Laws of the State of Minnesota" and, after sales had realized the cost and expenses of publication, was to turn over to the author the electrotype plates it had manufactured for that purpose. Differences arose in the progress of the publication, which led to a suit, instituted by plaintiff against defendant, in which the former sought an accounting for the balance alleged to be due in excess of moneys received on sales of the Digest, and also claimed a delivery to plaintiff, or upon his order, of the electrotype plates used in producing the book, which defendant had agreed to turn over in a perfect condition. Issue was joined in this action, and afterwards a settlement had which is expressed in an agreement, in the form of a receipt executed by plaintiff and delivered to defendant. It was in these words:
Received of the Pioneer Press Company, the sum of $129.24 in full settlement of the above entitled action instituted by the undersigned against said company, by bill of complaint and summons served March 31, 1903, and of all the matters and things in said bill contained, and said action is hereby dismissed. This receipt and payment is intended in full settlement of all claims existing in favor of the undersigned against the said Pioneer Press Company by reason of that certain contract for the publication of the book known as "Kelly's Digest" and all the matters and things arising therefrom.
Plaintiff accepted the amount named in this receipt, and directed that the electrotype plates be delivered to a third party for his use.
In the present action, which was thereafter brought by plaintiff after introductory allegations in the complaint, an agreement is alleged whereby defendant was to manufacture and deliver to plaintiff, for the consideration of $227.15, four hundred twelve electrotype plates carefully packed and boxed. It is further set forth that defendant, in violation of its promises previously made, delivered damaged and worthless plates to plaintiff, giving specific descriptive characterizations of the defects, with a claim for damages sustained and interest, with a demand for special damages for...
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