Davis v. Jacoby
Supreme Court of Minnesota
Appeal by plaintiffs, Samuel H. Davis and others, from, an order of the District Court of Hennepin County, Seagrave Smith, J., made December 10, 1892, denying their motion for a new trial. On May 15, 1890, the plaintiffs Samuel H. Davis and the other joint owners leased to the defendant, Fanny G. Jacoby, lots five (5) and six (6) in block three (3) in Excelsior Addition to Minneapolis for two years from and after July 1, 1891, for a coal and wood yard.
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Appeal by plaintiffs, Samuel H. Davis and others, from, an order of the District Court of Hennepin County, Seagrave Smith, J., made December 10, 1892, denying their motion for a new trial. On May 15, 1890, the plaintiffs Samuel H. Davis and the other joint owners leased to the defendant, Fanny G. Jacoby, lots five (5) and six (6) in block three (3) in Excelsior Addition to Minneapolis for two years from and after July 1, 1891, for a coal and wood yard. She was to pay $450 rent per year, quarterly in advance. Elliott, Phelps & Co. were then tenants in possession under a prior lease from…
1Opinion of the CourtGilfillan, C. J.
Action for rent. Plaintiffs owned a wood and coal yard in Minneapolis, and May 15, 1890, rented the same to defendant for two years, to commence July 1, 1891, at the rent of $450 per year, quarterly in advance. The defendant paid the first quarter’s rent, and the action is for the succeeding four quarters’ rent. A tenant of plaintiffs, whose term, as we infer, expired *146when defendant’s term commenced, appears to have continued in possession after that term. The cause was tried below on the theory that it was the plaintiffs’ duty to put defendant in possession, and if, by reason of such…
2Cited by14 opinions
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