McELRATH V. ELECTRIC INVESTMENT CO.
Sup. Ct. of Minn., ll4 Minn. 358, 131 N.W. 380 (1911)
NATURE OF THE CASE: This was an appeal of order from the District Court, which overruled
Electric's (D) general demurrer to McElrath's (P) complaint, in P's action to recover
damages for D's alleged fraudulent statements to induce plaintiffs to enter into a lease of
property.
FACTS: D was the owner of a summer hotel property. D leased the property to P for a term
of years. The terms and conditions of the lease were fully set forth in the written
contract, which was duly executed by both parties, and required of P the payment of
specified amounts semiannually, and that the hotel be conducted along certain specified
lines. P sued D claiming that D wrongfully, falsely, and fraudulently stated and represented
to these plaintiffs: (1) that Minneapolis, St. Paul, Rochester & Dubuque Electric Traction
Company would complete its electric railroad, and would run electric cars over said road
from the city of Minneapolis to and beyond said Antlers Park during the summer of 1909, (2)
that D would, during said summer of 1909 and as soon as said electric railroad should run to
said Antlers Park, make of said Antlers Park and surrounding ground an important summer
resort for people living at said city of Minneapolis, and (3) and P would make, through the
assistance and efforts of D, not less than fifteen hundred dollars ($1,500.00) per annum
clear above all expenses of running and management. P claimed all the statements were false
and fraudulent and were known to be false when D made the predictions. D demurred to the
statements under the allegation that they were predictions of future events and not
actionable under fraud. The trial court overruled the demurrer and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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