Kostakes v. Daly

Murphy, Justice.

This appeal grows out of an unlawful detainer action for the restitution of certain commercial premises in the city of Rochester, Minnesota. Plaintiff claims the right to restitution by reason of a breach of condition as to use on the part of the defendant-appellant, Schwen Ice Cream & Candy Company. The suit was initially instituted in municipal court and the resulting decision for the plaintiff was appealed to the district court. After trial in the district court resulting in findings for the plaintiff, the defendant, Schwen Ice Cream & Candy Company, appeals from an order…