Oesterreicher v. Robertson

Appeal from the order denying defendant a new trial.

The facts are undisputed. Defendant leased of plaintiff by a written lease a dwelling known as 2012 Lake of the Isles boulevard, Minneapolis, Minnesota, for a term beginning September 1, 1928, and ending August 31, 1930, at the monthly rent of $112.50, payable in advance on the first day of each month. Defendant held over after expiration of the term, paying fll2.50 rent in advance on the first day of every month, including the month of April, 1981. On April 1, 1931, defendant served a written notice that he would surrender possession and…