Potter v. Mellen
Potter v. Mellen
Opinion of the Court
It is not necessary to add much to what is said in the opinion upon the former appeal, 36 Minn. 122, (30 N. W. Rep. 438.) There was sufficient evidence to entitle plaintiff to have the case submitted to the jury, and we think a wider scope should have been given to the investigation on plaintiff’s part. The complaint shows, in substance, among other things, that the laundry business purchased by plaintiff was represented by defendants to be large and remunerative, and to have amounted to $70 per week, with an established and valuable custom, and that such representations were false and fraudulent, and tañere is evidence tending to establish the truth of these allegations.
Evidence of the statements and representations of the defendants touching the nature of the business and extent and value of the custom was proper, as were also the admissions of the defendant Mellen made to Leftwich and Talerday after the sale upon the same subject, and tending to show that the business was in fact unprofitable and a losing one. The good-will of an established business in a particular community or neighborhood is deemed a subject of substantial value, because of the reasonable expectation of its continuance. Now, if plaintiff in this case continued the business under substantially the same conditions, and there was found to be a marked discrepancy
Judgment reversed.
Reference
- Full Case Name
- Emery F. Potter v. J. C. Mellen and another
- Status
- Published