The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-08-23

tiff was at defendants house in the
also at the offices of the Sheylin-Car-
penter company in said city; that the
defendant during said time proposed |
to purchase from the plaintiff the
100 shares of stock in the Crookston
Lumber company, and the 200 shares
company owned by plaintiff. That |
during said time and at both said
places the defendant and plaintiff
fully talked over and discussed the
assets of said companies and the
values of said stock, and that said
plaintiff then agreed to sell and as
sign said stock to defendant for the
sum of $4,000, and defendant agreed
to purchase the same at said price.
| That subsequently on the 18th day of
January, 1900, plaintiff and defendant
carried out said agreement, and duly
graph 10, PLAINTIFFS complaint, and
plaintiff duly Endorsed and delivered
to defendant the certificates evidenc-
ing plaintiffs ownership of 800 shares
of stock
| That on the said 9Th and 9Th days
of January, 1900, the plaintiff was in
good health, of sound mind and in all
respects fully competent to enter into
| Sdlu COltIdCl. L IldI on lIl6 Sdlu l0ln
| day of January, 1900, and during all
the time on said day while negotiat-5
| Ing for or making said transfer, said
plaintiff was physically in a weakened
condition, but was of sound mind, and
in all respects fully competent to
transact business, and fully competent
and able to enter into and close up
said contract That during said nego-
tiations between plaintiff and de-
PENDANT for the sale and transfer of
said stock, said plaintiff had full and
accurate knowledge and information
as to the character, extent and amount
of each and all of the properties and
assets of said corporations, including
the estimated amount by feet of the
stumpage owned by said companies,
and of the financial condition of each,
and that plaintiff had full knowledge
Of and was fully able to judge Of the
value of said assets and of said shares
of stock.
That for long time prior to said
9Th day of January, 1900, plaintiff
knew the character, extent and
, amount of the assets of said corpora
TONS and the value thereof, and has
ever since had such knowledge.
That defendant at no time made
, any false or fraudulent representa-
tons, assurances or statements to
plaintiff concerning said shares of
stock, or the value thereof, or as to
the extent Or amount of assets of said
q companies, or as to the value thereof
or Of any part of the same; but that
defendant exhibited to and examined
} with the plaintiff schedule correctly
showing the character, extent and
amount of all the property of said
!. companies, taken from the books and
records of said companies. That de-
!, PENDANT did not conceal or withhold
from plaintiff any fact or information
, had by him affecting the value of said
stock. ,P'
! That defendant at no time used OF
exercised toward or over plaintiff any
improper Or undue influences in refer.
] ence to said shares of stock or the
: sale thereof, and that he made no pro.
. | tests during or in connection with the
:. negotiations for or the transfer OF
! said stock, and that he did not have
:, or exercise any domination or contro
e over said plaintiff, but that the plain.
f tiff was at all times man of strong
and positive character, naturally self
!, willed, self-reliant and combative ant
:, not subservient to the wishes or in
: fluence of either the defendant or an,
other person.
$ That the value of the 800 shares O
4 stock in the st. Hilaire Lumber com
: pany and the Crookston Lumber com
: pany. in January, 1900, was sos, 900
: that there was no established marke
s price for said stock at said time; tina
4 the determination Of the value Of tn
stock involved a consideration of tn
value of the assets of said corpora
o lions, and the probable future condi
IS tons affecting the business of sal
"a corporations, and that any sum from
:. $4,000, the book value of said stock
: to $4,000, might have been consid
cred to be the value Of said stock i
January, 1900, by person familia
% with the assets of said corporations
= and capable Of fairly determining tn
- value of said stock; that the defend
u ant and plaintiff at said time fairl
= agreed that $4,000 was REASONABLE
le price for said stock, and plaintiff an
a FULL just and reasonable considera
: ton for the transfer Of said stock.
e. That after the 18th day of Jar
D. uary, 1900, and before the 9Th day {
ic December, 1903, the plaintiff, whe
le mentally sound and fully competer
Z, and with a full and accurate know
in edge Of all the facts relating theret,
l. in all things approved, confirmed an
lie ratified the sale Of said stock, to de
o. PENDANT, and the contract evidence
OF by said instrument dated Jan. 1
a. 1900, and set forth in the tenth para
re graph Of plaintiffs complaint.
e XIV.
e, That, save and except as hereinbt
- - fore found, the allegations of tt
nv ~, plaintiffs complaint and reply are NJ
NJ sustained by the evidence and al
an found untrue.
Nv From the foregoing findings of IA
3n the Court makes the following
I'll CONCLUSIONS OF LAW:
in 1.
1t, That plaintiff is not entitled
by any relief against the defendar
ca either as prayed for in the complai
10 or otherwise.
tii That defendant is entitled to jud
"a ment against the plaintiff for his COS
m and disbursements herein.
its Let Judgment be entered accor
id ingly.
e- BY the Court:
I'd (Signed) DAVID F. SIMPSON,
ls A stay of sixty days is here
granted.
Dated August 18th, 1904.
~, (Signed) DAVID F. SIMPSON,
lie Judge.