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148 Minn. 476

Jamesgaard v. Bayers

Supreme Court of Minnesota

Decided January 21, 1921

Supreme Court of Minnesota · decided 1921-01-21

Action in the district court for Ramsey county to rescind a contract for exchange of real estate because of fraudulent representations. The answer alleged that prior to the commencement of the action defendants, in good faith, being in -possession of the property, placed valuable improvements thereon of the reasonable value of $3,000. The case was tried before Olin B. Lewis, J., who made findings and ordered judgment in favor of defendants dismissing the action.

Affirmed · Decided 1921-01-21

'Pee Ctjriam.

¶1Action to rescind a contract for the exchange of real properties on the ground of fraudulent representations by defendant. The trial was before the court without a jury, and among other things the court found as á fact that no fraudulent representations were made by defendant, and as conclusions of law ordered judgment for defendant. Plaintiff appealed from the judgment entered after an order denying a new trial. The only question presented is whether the findings of the court in the respect stated are sustained by the evidence. After a careful reading of the record we answer the question in the affirmative; the evidence fully supports the conclusion that the transaction was free from fraud or misrepresentation. The assignment of error challenging a ruling of the trial court in the exclusion -of evidence is without merit.

¶2Judgment affirmed.

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