Rees v. Lowy
Supreme Court of Minnesota
Appeal by plaintiff, Julius Rees, from an order of the Municipal Oourt of the City of Minneapolis, G. B. Elliott, J., made November 18,1893, granting the motion of defendant, Adolph Lowy, for a new trial.
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Appeal by plaintiff, Julius Rees, from an order of the Municipal Oourt of the City of Minneapolis, G. B. Elliott, J., made November 18,1893, granting the motion of defendant, Adolph Lowy, for a new trial. On October 1, 1892, the plaintiff, Julius Rees, leased to defend,-ant, Adolph Lowy, the store No. 202 Hennepin Avenue, Minneapolis, with the cellar under it for a saloon for the term of two years from ■that date, and defendant agreed to pay therefor $2,000 a year rent, payable monthly in advance, viz. $166.67 on the first day of each month. On April 7, 1893, the defendant with plaintiff’s…
1Opinion of the CourtMitchell, J.
The plaintiff leased to defendant certain premises for a term of two years from October 1,. 1892, at a specified yearly rental, payable monthly in advance. The lease provided that the lessor might cancel and annul it at once, if it should be assigned without his written consent; also, that, in case of default on part of the lessee in any of its covenants or conditions, the lessor might, *383at Ms option, re-enter, and take possession of the premises, without such re-entry working a forfeiture of the rents to he paid or covenants to be kept by the lessee for the full term of the lease.
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2Cases cited3 opinions
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