Erickson v. Jones
Supreme Court of Minnesota
Plaintiff brought this action in the municipal court of Minneapolis, to recover the value of personal property, including a building, alleged to have been unlawfully converted by the defendant.
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Plaintiff brought this action in the municipal court of Minneapolis, to recover the value of personal property, including a building, alleged to have been unlawfully converted by the defendant. The action was tried by the court, whose findings of fact were in substance as follows: On May 1, 1885, plaintiff leased certain premises from defendant as tenant at will; on May 15, 1886, the plaintiff having failed to pay rent, and a notice to quit having been served on him on March 20, 1886, the defendant brought an action of unlawful de-tainer against the plaintiff, to obtain possession of the…
1Opinion of the CourtVanderburgh, J.
As between landlord and tenant, unless the right to remove fixtures after the expiration of the term is specially reserved in the lease, the rule is well settled that such fixtures must be removed by the tenant before his term expires, or at least while he continues to hold possession as tenant. Where, however, his tenure is uncertain, and such that it may be determined unexpectedly to him, this rule is modified so as to allow a reasonable time for the removal of fixtures after the termination of the lease. Ombony v. Jones, 19 N. Y. 234, 238; Loughran v. Ross, 45 N. Y. 792, 797.
This…
2Cases cited2 opinions
- Loughran v. . RossNew York Court of Appeals · 1871
- Ombony v. . JonesNew York Court of Appeals · 1859
3Cited by6 opinions
- Seebold v. EustermannSupreme Court of Minnesota · 1944
- Kenny v. Seu Si LunSupreme Court of Minnesota · 1907
- Ray v. YoungSupreme Court of Iowa · 1913
- Shepard v. AldenSupreme Court of Minnesota · 1924
- Central Chrysler Plymouth, Inc. v. HoltSupreme Court of Minnesota · 1978
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