Opinion
Nos. 32,572, 32,625.
January 10, 1941.
Case followed.
Action in the district court for Hennepin county to rescind a sale of stock to plaintiff by defendant, a foreign corporation, on the ground of violation of the blue sky law, and to recover the purchase price thereof. After findings for plaintiff, Winfield W. Bardwell, Judge, defendant appealed from the judgment. Reversed, following Pomeroy v. National City Co. 209 Minn. 155, 296 N.W. 513.
Stinchfield, Mackall, Crounse Moore and John M. Palmer, for appellant.
Streissguth Gislason and Leonard, Street Deinard, for respondent.
Our decision in a companion case, Pomeroy v. National City Co. 209 Minn. 155, 296 N.W. 513, is decisive of the only question presented by this appeal and requires reversal of the judgment under review.
This record indicates the presence of issues other than that of the tolling of the statute of limitations. If in respect to such issues there are further proceedings below, this decision is without prejudice to them or to the result.
Reversed.
We dissent.