108 Minn. 84 | Minn. | 1909
In this action the Providence Jewelry Company sought to recover the purchase price of certain goods alleged to have been sold and delivered to W. A. Crowe. The plaintiff recovered a verdict, and the defendant appealed from an order denying his motion for a new trial.
The goods consisted of articles of jewelry described in a written contract, which was signed by the defendant. Several defenses were attempted to be stated in the answer; but the trial court excluded evidence offered to sustain what was designated as the fourth defense, and refused to permit the answer to be amended. As we have come to the conclusion that it was error to exclude this evidence, it is not necessary to consider the other questions raised on the appeal.
The question was whether the real contract between the parties was embodied in the written contract. The answer alleged the making of an oral agreement, the terms of which were fully set forth. It then attempted to allege that the defendant had been induced to sign the writing, which differed from the oral agreement in substantial and material respects, by the false and fraudulent representations of the plaintiff’s agent. After stating the terms of the oral agreement, the answer alleged:
“That on the said 20th day of March, 1907, and immediately after said oral contract and agreement was entered into by and between the plaintiff, through its agent, and the defendant, the plaintiff,
The rule with reference to pleading a defense of this character is well settled and need not be restated. Riggs v. Thorpe, 67 Minn. 217, 69 N. W. 891; Roebuck v. Wick, 98 Minn. 130, 107 N. W. 1054; First Nat. Bank v. Person, 101 Minn. 33, 111 N. W. 730. The fact that the party was negligent in signing the paper is not conclusive against him. Alfred Shrimpton & Sons v. Philbrick, 53 Minn. 366, 55 N. W. 551.
The pleading contains the allegations which are necessary to constitute a defense. In substance it alleges the making of the oral contract and the terms thereof; that the agent (1) assumed (that is,
The written contract was attached to the complaint and was introduced in evidence. The answer did not state specifically in what respects the writing differed from the'oral contract; but it stated the oral contract in detail, and stated that the written contract did not state any of the terms of the oral contract, but was entirely different therefrom. The pleading was good under Alfred Shrimpton & Sons v. Philbrick, supra.
Order reversed and a new trial granted.