Betcher v. Rinehart
Supreme Court of Minnesota
Action on a written lease in the municipal court of Minneapolis for the restitution of the leased premises. The defense set up that defendant was occupying the premises under an agreement with plaintiff’s husband for a sale of the property and not under a lease, and had paid much more than the reasonable rental value of the premises. The case was tried before Waite, J., and a jury, which returned a verdict in favor of defendant, pursuant to which judgment was entered.
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Action on a written lease in the municipal court of Minneapolis for the restitution of the leased premises. The defense set up that defendant was occupying the premises under an agreement with plaintiff’s husband for a sale of the property and not under a lease, and had paid much more than the reasonable rental value of the premises. The case was tried before Waite, J., and a jury, which returned a verdict in favor of defendant, pursuant to which judgment was entered. From an order vacating and setting aside the judgment and granting a new trial, defendant appealed.
1Opinion of the CourtBrown, J.
Plaintiff, the owner, leased certain residence property to defendant for one year at $35 per month. Defendant defaulted in her payments on December 15, 1907, and in the following January, and this action, a forcible entry and detainer proceeding, was brought in the municipal court of Minneapolis for restitution. The defense to the action was that defendant was occupying the premises under an agreement for a contract of purchase, and not under a lease, and that unlawful detainer proceedings cannot be maintained against her. A verdict was returned in the court below for defendant, which was set…
2Cases cited1 opinion
- Van Brunt v. WallaceSupreme Court of Minnesota · 1902
3Cited by4 opinions
- Manderfeld v. KrovitzCourt of Appeals of Minnesota · 1995
- Erickson v. RobertsonSupreme Court of Minnesota · 1911
- Simmer v. Simmer, Jr.Supreme Court of Minnesota · 1935
- Baker v. BrundageSupreme Court of Minnesota · 1915