96 Minn. 288 | Minn. | 1905
This is an appeal by Philip D. Youngman (hereinafter designated the defendant) and his wife from an order of the district court of the county of Cass overruling their demurrer to the complaint on the grounds that several causes of action are improperly united therein and that the complaint does not state facts sufficient to constitute a cause of action.
It is clear that the second ground of demurrer is not well taken. The wife of the defendant is a party to the action because of her interest in the land described in the complaint, and, if the demurrer was rightly overruled as to the defendant, it was also as to her.
A sufficiently full and accurate statement of the here material allegations of the complaint is the following, namely: In March, 1902, Mr. B. E. Wright held contracts for a deed of the land described in the complaint, and the defendant urged the plaintiffs to join with him in the joint purchase of the land from Mr. Wright, and then falsely and fraudulently represented to them that the land could not be bought for less than five dollars per acre. The plaintiffs, believing such representation to be true, then entered into an agreement with the defendant whereby the parties mutually agreed to purchase the land for their
It appears from the allegations of the complaint that the plaintiffs claim thereby one general right, namely, relief in some appropriate form for the fraud of the defendant in the making of the alleged con
Order affirmed.