Stern v. Thayer
Supreme Court of Minnesota
Appeal by defendant, Frank Thayer, from an order of the District Court of Blue Earth County, M. J. Severance, J., made April 13, 1893, denying his motion for a new trial. On December 1, 1890, the plaintiff, Daniel S. Stern, leased to defendant, an architect, two rooms on the second floor of his building in Mankato for three years for $20 a month, the rent payable monthly in advance.
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Appeal by defendant, Frank Thayer, from an order of the District Court of Blue Earth County, M. J. Severance, J., made April 13, 1893, denying his motion for a new trial. On December 1, 1890, the plaintiff, Daniel S. Stern, leased to defendant, an architect, two rooms on the second floor of his building in Mankato for three years for $20 a month, the rent payable monthly in advance. Thayer covenanted not to assign the lease or sublet the premises without the written consent of Stern. In case the rooms were abandoned or vacated and so remained for fifteen days, Stern was empowered to relet at…
1Opinion of the CourtCollins, J.
In 1S90 these parties entered into a written contract, whereby plaintiff demised and leased to defendant certain office rooms for a period of three years. The latter took possession and occupied the premises until March 31, 1892, when he vacated. This action was brought to recover for rent subsequently accruing under the lease, and at the conclusion of the trial a verdict was ordered and rendered for plaintiff.
By the terms of the lease the lessee was prohibited from assigning the same, and from letting or subletting any part of the premises; and, should the rooms be vacated and remain…
2Cases cited6 opinions
- Coe v. . HobbyNew York Court of Appeals · 1878
- Amory v. KannoffskyMassachusetts Supreme Judicial Court · 1875
- Nelson v. ThompsonSupreme Court of Minnesota · 1877
- Bowen v. HaskellSupreme Court of Minnesota · 1893
- Dayton v. CraikSupreme Court of Minnesota · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In re Mullings Clothing Co.Court of Appeals for the Second Circuit · 1916
- Gruman v. Investors Diversified Services, Inc.Supreme Court of Minnesota · 1956
- Wm. Lindeke Land Co. v. KalmanSupreme Court of Minnesota · 1934
- Rees v. LowySupreme Court of Minnesota · 1894
- Jenkins v. RootSupreme Court of Pennsylvania · 1920
10 more not listed; retrieve them via the Exa API.