87 Minn. 487 | Minn. | 1902
The complaint alleges that the respondent had by warranty deed become the owner of certain real estate which was subject to a judgment of $2,989.54; that defendant Child was the owner of the judgment by assignment, and assigned it to appellant Kohler. The complaint then alleges that while Child was the owner of the judgment and respondent was owner of the real estate, they entered into a contract by the terms of which respondent agreed
The complaint was demurred to upon the ground that it did not state facts sufficient to constitute a cause of action, and on motion the trial court struck out the demurrer upon the ground that it was frivolous and interposed for the purpose of delay.
The mere reading of the complaint shows that it contains a cause of action; no other conclusion is possible. The defendants entered into a contract by the terms of which they agreed to satisfy the judgment in consideration of the payment of $2,000 to Child and $300 to his attorney. In reducing this contract to writing it represented more than the amount actually agreed upon, and in order to correct it a receipt was taken expressive of the difference. A tender was made by respondent of the actual amount due, which was refused, and therefore respondent was entitled to the judgment of the court satisfying the judgment. It does not aid appellant that the complaint contains some irrelevant matter, or that it is too long and somewhat involved. A casual reading of the complaint reveals its essence, and a demurrer will
Order affirmed.