Goebel v. Hough
Supreme Court of Minnesota
Action to recover tbe rent of a building on Third street in St. Paul. The complaint alleged occupancy by defendants under a lease for one year from May 1, .1877, at a rent, reserved therein, of $83.33 per month until plaintiffs should make certain contemplated improvements, and $100 per month thereafter; that the plaintiffs made such improvements and completed them on October 10, 1877, but that the defendants have paid no part of the rent for the months succeeding August,…
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Action to recover tbe rent of a building on Third street in St. Paul. The complaint alleged occupancy by defendants under a lease for one year from May 1, .1877, at a rent, reserved therein, of $83.33 per month until plaintiffs should make certain contemplated improvements, and $100 per month thereafter; that the plaintiffs made such improvements and completed them on October 10, 1877, but that the defendants have paid no part of the rent for the months succeeding August, 1877. In their answer the defendants admit that they took possession of the premises on May 1, 1877, under a lease from…
1Opinion of the Court
Gii/eillan, C. J.
In Gen. St. e. 66, § 80, subd. 1, describing one class of causes of action that may be the subject of ■counterclaim, the clause, “or connected with the subject of the action,” is very indefinite. But we think the statute allowing counterclaims, being a remedial statute, should be construed liberally, and thus construing the clause in question, a cause of action in a tenant against his landlord, for wrongfully interfering with his enjoyment of premises rented, is connected with the subject of the action, when he is sued •by the landlord for rent for a period including that of…
2Cases cited1 opinion
- Simmer v. City of St. PaulSupreme Court of Minnesota · 1877
3Cited by44 opinions
- Central Coal & Coke Co. v. HartmanCourt of Appeals for the Eighth Circuit · 1901
- Lambert v. HaskellCalifornia Supreme Court · 1889
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- American Const. Co. v. CaswellCourt of Appeals of Texas · 1911
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
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