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135 Minn. 463

Spain v. Lavelle

Supreme Court of Minnesota

Decided December 29, 1916

Supreme Court of Minnesota · decided 1916-12-29

Action in the district court for Cass county. The answer set up counterclaims and demanded judgment for $5.69. The case was tried before Wright, J., and a jury which returned a verdict for $1.69 in favor of defendant. Two motions by plaintiff for a new trial were denied. From the order denying the second motion and from the judgment entered upon the verdict, plaintiff appealed.

Affirmed · Decided 1916-12-29

Per Curiam.

¶1Plaintiff brought suit upon three causes of action aggregating $67.46. Defendant admitted plaintiff’s claim to the extent of $39.26, but denied the remainder thereof, and interposed counterclaims aggregating $44.95. The jury returned a verdict of $1.69 for defendant. Plaintiff appealed from an order denying a new trial.

¶2Plaintiff urges that the verdict is not sustained by the evidence, and that the court erred in charging the jury to the effect that they might disallow a claim made by plaintiff for the storage of some household furniture belonging to defendant, if they found that she furnished such storage without expecting compensation therefor. We cannot sustain either contention. The. evidence of defendant was sufficient, if believed by the jury, to warrant the verdict; and the circumstances were such that the jury could infer therefrom that plaintiff did not expect pay for the storage of the furniture.

¶3Order affirmed.

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