Roach v. Peterson
Supreme Court of Minnesota
Action brought in the municipal court of Minneapolis to recover $400, being rent fór February and March, 1891, of a store building under a written lease.
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Action brought in the municipal court of Minneapolis to recover $400, being rent fór February and March, 1891, of a store building under a written lease. The answer admitted the lease and entry thereunder and the non-payment of the rent sued for, and, as a counterclaim, alleged that the building was leased to and occupied by defendant as a grocery store; that on February 15, 1891, afire occurred by which the building was so damaged by fire, water, and smoke as to be entirely unfit for occupancy and entirely unfit to use for defendant’s retail grocery business, which he was then carrying on…
1Opinion of the CourtGileillan, C. J.
Section 1, c. 100, Laws 1883, provides: “The lessees or occupants of any building which shall, without any fault or neglect on their part, be destroyed, or be so injured by the elements or any other cause as to be untenantable or unfit for occupancy, shall not be liable or bound to pay rent to the lessors or owners thereof, after such destruction or injury, unless otherwise expressly provided by written agreement or covenant; and the lessees or occupants may thereupon quit and surrender possession of the leasehold premises, and of the land so leased or occupied.” It is not to be supposed that…
2Cases cited1 opinion
- Johnson v. . OppenheimNew York Court of Appeals · 1873
3Cited by15 opinions
- Minneapolis Co-operative Co. v. WilliamsonSupreme Court of Minnesota · 1892
- Snook & Austin Furniture Co. v. Steiner & EmerySupreme Court of Georgia · 1903
- Warren v. HodgesSupreme Court of Minnesota · 1917
- Damkroger v. PearsonSupreme Court of Minnesota · 1898
- Flint v. SweeneySupreme Court of Minnesota · 1892
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