Eastman v. Vetter
Supreme Court of Minnesota
Appeal by defendant, George Vetter, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made February 17, 1894, denying his motion for a new trial.
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Appeal by defendant, George Vetter, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made February 17, 1894, denying his motion for a new trial. On July 26, 1883, plaintiff, Susan R. Eastman, leased to James Rickey the six story building Nos. 412 and 414,'Nicollet Avenue, Minneapolis, for the term of five years from that date with the right to have the lease extended for two additional terms of five years each and with the privilege of subletting any portion of the building. Rickey agreed to pay $659.90 rent per month on the first day of each month. On February 28,…
1Opinion of the CourtMitchell, J.
Defendant’s contention is — and it is the view of the law of the case most favorable to him — that he was holding-under the plaintiff: as tenant at will from month to month, rent payable monthly. Such a tenancy could only be terminated by one month’s notice in writing. 1878 G. S. ch. 75, § 40.
The notice given by defendant was to the effect that the tenancy was terminated on the very day it was given.’
Such a notice was clearly insufficient. It did not terminate the tenancy on the day named, and could not, by mere lapse of time, become effectual to terminate it on some other and later .date.
A…
2Cases cited2 opinions
- Grace v. MichaudSupreme Court of Minnesota · 1892
- Slama v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co.Supreme Court of Minnesota · 1894
3Cited by10 opinions
- Johnson v. Theo. Hamm Brewing Co.Supreme Court of Minnesota · 1942
- Van Brunt v. WallaceSupreme Court of Minnesota · 1902
- Miller v. PlumleyDistrict of Columbia Court of Appeals · 1950
- Slama v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co.Supreme Court of Minnesota · 1894
- Shirk v. HoffmanSupreme Court of Minnesota · 1894
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