Minnesota Supreme Court, 1892

McLeod v. Capehart

McLeod v. Capehart
Minnesota Supreme Court · Decided March 23, 1892
49 Minn. 187; 51 N.W. 923; 1892 Minn. LEXIS 156 (Minnesota Reports)

Counsel

J. C. é W. H. Michael, for appellant., J. L. MacDonald, for respondent.

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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1894, among the opinions in this site’s citation index.

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McLeod v. Capehart

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

The first assignment of error is that the verdict was not justified by the evidence; the second — directed towards a ruling of the trial court, which was clearly correct — we shall not discuss, because no exception was taken to it; and the third, or last, assignment is superfluous. ■

The real controversy was as to the making of a verbal agreement by and between.the parties, which, if made, extended or continued a written contract, then being acted upon and about to expire, for a longer period of time. There was testimony which would have sustained a verdict for either party, and the conclusion of the jury in plaintiff’s favor should have ended the litigation.

Judgment affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.