Shaber v. St. Paul Water Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Simons, J., presiding, overruling its demurrer to the eom-plaint. _The substance of the complaint is stated in the opinion. The contract set out in the complaint is an independent, personal covenant, distinct from the land, requiring no act to be performed on the land, and creating no privity of estate between the contracting parties, and did not vest any rights in their grantees.
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Appeal by defendant from an order of the district court for Ramsey county, Simons, J., presiding, overruling its demurrer to the eom-plaint. _The substance of the complaint is stated in the opinion. The contract set out in the complaint is an independent, personal covenant, distinct from the land, requiring no act to be performed on the land, and creating no privity of estate between the contracting parties, and did not vest any rights in their grantees. It requires a privity of estate to give one man a right to sue another upon a covenant, where there is no privity of contract between them.…
1Opinion of the Court
Beery, J*
In January, 1869, John E. Irvine and Nancy Irvine owned certain land, (in the city of St. Paul,) through which ran Pha-len creek, affording a valuable mill privilege thereon. Leonard Schiegel, as the lessee of the Irvines, had constructed a dam and race upon the land, by which the mill privilege was utilized in the running of a flour mill, which he had also erected thereon and was operating. By sundry subsequent conveyances the land, with the race, dam, mill, and privilege, came to Henry Shaber, the plaintiff’s intestate, and the same are now part of his estate. The defendant…
2Cases cited5 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Allen v. CulverNew York Supreme Court · 1846
- Norfleet v. CromwellSupreme Court of North Carolina · 1874
- Kimball v. BryantSupreme Court of Minnesota · 1879
- Van Rensselaer v. SmithNew York Supreme Court · 1858
3Cited by15 opinions
- Atlanta, Knoxville & Northern Railway Co. v. McKinneySupreme Court of Georgia · 1906
- Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
- Vawter v. CraftsSupreme Court of Minnesota · 1889
- Pelser v. GingoldSupreme Court of Minnesota · 1943
- Sacramento Suburan Fruit Lands Co. v. WhaleyCalifornia Court of Appeal · 1920
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