Mcelrath v. Electric Investment Co. Sup. Ct. Of Minn., Ll

4 Minn. 358, 131 N.W. 380 (1911)

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Nature of the Case

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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.