DWINNELL v. OFTEDAHL

No. 35,552.

235 Minn. 383 (1952)

ROBERT A. DWINNELL AND ANOTHER v. ROBERT C. OFTEDAHL AND ANOTHER. BRUER LUMBER COMPANY, APPELLANT.

Supreme Court of Minnesota.

January 11, 1952.


Attorney(s) appearing for the Case

O.A. Brecke, for appellant.

Mahoney, Morrison & Cragg, for respondents.


LORING, CHIEF JUSTICE.

Plaintiffs brought an action to recover an alleged overpayment made to defendant Bruer Lumber Company (hereinafter referred to as the lumber company) on orders of defendant Robert C. Oftedahl. The action was one for money had and received. Oftedahl did not answer. At the close of the testimony, the court directed a verdict of $993 plus interest for plaintiffs. The lumber company appealed from an order...

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