Evans v. Winona, Lumber Co.
Supreme Court of Minnesota
The complaint sets out the facts stated in the opinion and seeks to recover the rent due for one year’s actual occupation. The action is brought in the district court for Winona county, and defendant appeals from an order by Start, J., overruling a demurrer to the complaint. The lease is void in every respect. The language of the statute is unambiguous.
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The complaint sets out the facts stated in the opinion and seeks to recover the rent due for one year’s actual occupation. The action is brought in the district court for Winona county, and defendant appeals from an order by Start, J., overruling a demurrer to the complaint. The lease is void in every respect. The language of the statute is unambiguous. Gen. St. 1878, c. 41, § 12; Holloivay v. Hampton, 4 B. Mon. 415; Loomis v. Newhall, 15 Pick. 159; McMullen v. Riley, 6 Gray, 500; Crawford v. Morell, 8 John. 195; Thayer v. Rock, 13 Wend. 53; Erben v. Lorillard, 19 N. Y. 299; Thomas v.…
1Opinion of the CourtBebey, J.
On May 1, 1881, plaintiff orally leased certain preña-ses to defendant, at an annual rent of $300, for a term of three *516years, beginning on that day, reserving the right to terminate the lease at any time, upon four months’ notice. Defendant, having gone into possession under the lease, continued therein for one year from the commencement of the term.
Upon this state of facts plaintiff is entitled to recover the annual rent fixed by the oral lease, namely, the sum of $300. The lease is for three years, subject to the lessor’s right of termination; that is .to say, it is liable to be defeated by…
2Cases cited3 opinions
- Laughran v. . SmithNew York Court of Appeals · 1878
- Morrill v. Mackman.Michigan Supreme Court · 1872
- Larkin v. AverySupreme Court of Connecticut · 1854
3Cited by16 opinions
- Watkins v. BalchWashington Supreme Court · 1906
- Spinney v. HillSupreme Court of Minnesota · 1900
- Leadbetter v. PewthererOregon Supreme Court · 1912
- Oxborough v. St. MartinSupreme Court of Minnesota · 1926
- Johnson v. AlbertsonSupreme Court of Minnesota · 1892
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