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KANGAS-JACOBSEN DAIRY, INC. v. LLOYD-SMITH

No. 36,147.

241 Minn. 317 (1954)

KANGAS-JACOBSEN DAIRY, INC., v. MARJORIE FLEMING LLOYD-SMITH AND OTHERS.

Supreme Court of Minnesota.

February 26, 1954.

Attorney(s) appearing for the Case

Butchart & Fredin, for appellant.

Stone, Manthey & Carey, for respondents.

W.K. Montague of Nye, Montague, Sullivan, Atmore & McMillan, amicus curiae.

KNUTSON, JUSTICE.

Appeal from an order of the court overruling portions of plaintiff's demurrer to answers interposed by defendants.

This action was brought to recover damages alleged to have occurred when land on which plaintiff had erected a creamery building subsided. The appeal being from an order overruling a demurrer, we must look to the pleadings for the facts. Plaintiff's complaint alleges that on September 29, 1939, defendants Kate Fowler Merle-Smith...

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