60 Minn. 23 | Minn. | 1895
It appears by the undisputed evidence that the defendants agreed with plaintiff that they and he should form a partnership for the purpose of investing in certain standing and growing cedar and spruce timber; that each should be owner of an undivided' one-third of the same; that plaintiff was to contribute $500 as his share of the money to be invested; and that, pursuant to the agreement, he paid that sum to defendants for that purpose on November 14, 1892. He claims that they represented to him that the St. Louis River Water-Power Company was the owner of this timber, and that they were negotiating for the purchase of the same from the company, and were about to close the deal, and pay the purchase price, $1,500, for the timber, and would use his $500 as a part of the $1,500 so to be paid. There was ample evidence to justify the jury in finding that, when defendants received plaintiff’s money, they never intended or expected to purchase this timber, or use his money for that purpose, but that their representations and promises were a mere pretense and a sham, contrived by them for the purpose of obtaining possession of plaintiff’s money. If this is true, the defendants were liable in an action to recover back the money a moment after they had received it. The mere receipt of the money amounted to a conversion of it by them. The principle involved is the same as when a party purchases goods with the preconceived intention of. not paying for them. See F. M. Slagle & Co. v. Goodnow, 45 Minn. 531, 48 N. W. 402. That the trial court, in submitting the case to the jury, took a narrower view of plaintiff’s rights, is no reason why we should do so. At the time plaintiff gave defendants his check for the $500, he received from the defendant Peterson a writing, signed by Bishop, purporting to be a bill of sale of all the cedar and spruce timber growing on three certain sections. ' Plaintiff claims that this was given him solely in anticipation of the closing of the deal
This disposes of the case, and the order denying a new trial is affirmed.