Alworth v. Gordons
Supreme Court of Minnesota
Action in the municipal court of Duluth for restitution of demised premises. The. case was tried before Edson, J., and a jury, which rendered a verdict in favor of plaintiff. From a judgment entered pursuant to the verdict, defendant appealed. The conventional relation of landlord and tenant did not exist.
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Action in the municipal court of Duluth for restitution of demised premises. The. case was tried before Edson, J., and a jury, which rendered a verdict in favor of plaintiff. From a judgment entered pursuant to the verdict, defendant appealed. The conventional relation of landlord and tenant did not exist. G. S. 1894, § 6118, was not intended as a substitute for tbe action of ejectment, nor to afford means of enforcing agreements to surrender possession where that relation does not exist. Steele v. Bond, 28 Minn. 267. The complaint shows that there was no convention between Alworth and…
1Opinion of the Court
START, O. J.
This is an action brought in the municipal court of the city of Duluth, under G-. S. 1894, § 6118, for the restitution of the demised premises, described in the complaint. Judgment for the plaintiff for a restitution of the premises, from which the defendant appealed.
The evidence tended to establish these facts: On March 30, 1895, the then owner leased the premises to the defendant for one year from the first day of May then next following, for the stipulated rent of $90 per month, payable in advance on the first day of each month during the entire term. The defendant occupied the…
2Cases cited5 opinions
- Hunter v. FrostSupreme Court of Minnesota · 1891
- Steele v. BondSupreme Court of Minnesota · 1881
- Suchaneck v. SmithSupreme Court of Minnesota · 1890
- Brown v. BrackettSupreme Court of Minnesota · 1879
- Hart v. BoutonMassachusetts Supreme Judicial Court · 1890
3Cited by20 opinions
- O'Connor v. West Sacramento Co.California Supreme Court · 1922
- General Electric Co. v. O'ConnellSupreme Court of Minnesota · 1912
- North v. KinneySupreme Court of Iowa · 1942
- Johnson v. Theo. Hamm Brewing Co.Supreme Court of Minnesota · 1942
- Webster Manufacturing Co. v. PenrodSupreme Court of Minnesota · 1907
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