Evans v. Kohn
Supreme Court of Minnesota
Action in tbe district court for Ramsey county to recover $2,900, treble damages for waste to certain real property; that defendant’s estate in the property be forfeited and,that he be evicted therefrom.
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Action in tbe district court for Ramsey county to recover $2,900, treble damages for waste to certain real property; that defendant’s estate in the property be forfeited and,that he be evicted therefrom. The answer admitted the execution of a lease on November 1, 1906, for the term of five years, subject to the right of plaintiffs in ease of sale to terminate the lease with respect to the portion sold; that by the terms of the lease it was agreed defendant should have possession of the premises for gardening or truck-farming, with the further privilege on defendant’s part to take…
1Opinion of the CourtO’Brien, J.
Plaintiffs are the owners of certain real estate situated in the city of St. Paul. The premises are vacant, and in 1906 defendant obtained a lease thereof whereby he agreed to and did pay $35 for one year’s rental, and $15 for five carloads of sand to be taken by him from the premises. Defendant retained constructive possession of the premises during several succeeding years under the lease or its renewal, and during that time took from the premises a considerable quantity of sand, amounting at least, as found by the court, to fifteen carloads over and above the five carloads originally…
2Cases cited7 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1897
- Whitney v. HuntingtonSupreme Court of Minnesota · 1886
- McCartney v. TitsworthAppellate Division of the Supreme Court of the State of New York · 1907
- Stone v. KnappSupreme Court of Vermont · 1857
- Isom v. Rex Crude Oil Co.California Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sittauer v. AlwinSupreme Court of Minnesota · 1922