Leppla v. Mackey
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Hennepin county, to compel the execution by defendants of a lease of certain land, in accordance with the terms of a prior lease mentioned in the opinion. The action was tried by Shaw, J., without a jury, and judgment ordered and entered for defendants, from which the plaintiff appeals. Covenants for renewal in a lease run with the land, whether assignees are named or not.
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The plaintiff brought this action in the district court for Hennepin county, to compel the execution by defendants of a lease of certain land, in accordance with the terms of a prior lease mentioned in the opinion. The action was tried by Shaw, J., without a jury, and judgment ordered and entered for defendants, from which the plaintiff appeals. Covenants for renewal in a lease run with the land, whether assignees are named or not. Wood’s Landlord & Tenant, 505, 666; 1 Smith, Lead. Cas. 122; 1 Washburn on Real Prop. 500; Piggot v. Mason, 1 Paige, 412; Vernon v. Smith, 5 B. & Ald. 1. At common…
1Opinion of the Court
Dickinson, J.1
Harmon leased land, of which he was the owner, to Slosson, for the term of three years, “with the right,” as expressed in the lease, “to the said second party to a renewal of this lease at the same yearly rental, and subject to the same conditions as herein, for the further term of two years, unless the party of the first part wishes the piece of land for building purposes.” During the term of the lease, the lessee assigned his interest to the plaintiff. The lessor ■conveyed the land to the defendant Mackey, who, desiring to use the land' for building purposes, declined to renew…
2Cited by7 opinions
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- Tipton v. NorthSupreme Court of Oklahoma · 1939
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