Legal Opinion

Viehman v. Boelter

Supreme Court of Minnesota

Decided July 3, 1908PublishedCited by 2 opinions

Action in the district court for McLeod county to recover $550 for rent alleged to be due upon a lease of certain property. The case was tried before Morrison, J., and a jury which rendered a verdict in favor of defendants. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

1Opinion of the Court

START, O. J.

On February 4, 1904, the plaintiff, the owner of a store building in the village, of Flutchinson, made a written lease of it to the defendants for the term of five years for the stipulated rent of $50 a month, which the defendants promised to pay. They took possession of the premises under the lease, and continued therein, and paid the rent therefor to May 1, 1906, when they vacated the building and refused to pay rent any longer. The plaintiff brought this action in the district court of the county of McLeod to recover the amount of the stipulated rent accruing subsequent to May…

2Cases cited3 opinions

  1. Paine v. SmithSupreme Court of Minnesota · 1885
  2. Roach v. PetersonSupreme Court of Minnesota · 1891
  3. Rea v. AlgrenSupreme Court of Minnesota · 1908

3Cited by2 opinions

  1. Colonial Court Apartments, Inc. v. KernSupreme Court of Minnesota · 1968
  2. Building Assn. of Duluth Odd Fellows v. Van NispenSupreme Court of Minnesota · 1945

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