Halloran v. Jacob Schmidt Brewing Co.
Supreme Court of Minnesota
Action transferred to the district court for Ramsey county to recover $3,750 under a lease of a store room in Des Moines, Iowa, the rent of which was guaranteed by defendant brewing company. The defenses set up by the guarantor in its separate lease are stated in the third paragraph of the opinion. The case was tried before Michael, J., who granted defendant company’s motion for judgment upon the pleadings as amended.
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Action transferred to the district court for Ramsey county to recover $3,750 under a lease of a store room in Des Moines, Iowa, the rent of which was guaranteed by defendant brewing company. The defenses set up by the guarantor in its separate lease are stated in the third paragraph of the opinion. The case was tried before Michael, J., who granted defendant company’s motion for judgment upon the pleadings as amended. From the order for judgment in favor of defendant, from an order denying his application for leave to amend Ais complaint and from an order denying his motion for a new trial,…
1Opinion of the CourtHolt, J.
This appeal involves the right -to recover the rent stipulated in a lease as against the guarantor thereof. The court ordered judgment upon the pleadings in favor of defendant, and plaintiff appeals from the order denying a new trial.
The lease consists of two attached instruments, or parts, both signed by the lessor and lessees. The one is upon the ordinary printed blank for lease, the other, called the addenda, is entirely typewritten and thereupon, after the signatures of the lessor and lessees is pasted a typewritten slip reading: “We hereby guarantee the payment of this rental as per this…
2Cases cited29 opinions
- Edwards v. KearzeySupreme Court of the United States · 1878
- Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
- Downer v. ChesebroughSupreme Court of Connecticut · 1869
- Houston Ice & Brewing Co. v. KeenanTexas Supreme Court · 1905
- Boone v. CoeCourt of Appeals of Kentucky · 1913
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3Cited by11 opinions
- Orme v. Atlas Gas and Oil Co.Supreme Court of Minnesota · 1944
- Franklin Sugar Refining Co. v. LipowiczNew York Court of Appeals · 1928
- Lams v. F. H. Smith Co.Superior Court of Delaware · 1935
- Oxborough v. St. MartinSupreme Court of Minnesota · 1926
- Robert M. Larsen v. Einar C. EricksonCourt of Appeals for the Eighth Circuit · 1977
6 more not listed; retrieve them via the Exa API.