47 Minn. 540 | Minn. | 1891
The evidence shows, and it seems to be conceded, that the plaintiff’s agent committed a fraud upon him by inducing-him to believe that the lots which defendant offered in exchange for
In view of another trial, we will say that as in the transaction the rstock of furniture was sold, not piece by piece, but as an entirety, the question is, what was its value, disposed of in that way, — that is, at wholesale ? We will further say that the price for the furniture agreed on in the transaction is no more binding than the price agreed ■on for the lots. The plaintiff repudiates the agreement so far as the price of the lots is concerned. He may repudiate it altogether, but he cannot repudiate a part and insist that the remainder shall be binding. No other assignment of error need be referred to.
Order reversed.
Note. A motion for a reargument of this case was denied January 8,1892.