Johnson v. Johnson
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Willis, J., denying a motion for a new trial. To accomplish a change in the terms of an old lease, a notice must be served before its termination, and before the new status, by legal implication, has become fixed.
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Appeal by defendant from an order of the district court for Ramsey county, Willis, J., denying a motion for a new trial. To accomplish a change in the terms of an old lease, a notice must be served before its termination, and before the new status, by legal implication, has become fixed. Wood, Landlord & T. (2d Ed.) pp. 27, 28, 38, 89; Hunt v. Bailey, 39 Mo. 257; Despard v. Walbridge, 15 N. Y. 374; Higgins v. Halligan, 40 111. 173. If there was no former lease, or if the former lease had been terminated, or if it did not provide for rent, defendant, if a tenant at all, was a lessee at…
1Opinion of the CourtBuck, J.
This is an action for rent. The parties were formerly husband and wife. On May 12,1893, the plaintiff, for the consideration of $1, leased to the defendant certain premises in the city of St. Paul during such time as the plaintiff might permit the defendant to occupy the same; the plaintiff, however, reserving to himself the right to terminate the lease and right of occupancy by giving to the defendant 30 days’ notice in writina of his intention so to do, which notice he duly gave her on September 9, 1893. She did not vacate the premises, and on October 14, 1893, the plaintiff served upon her…
2Cited by2 opinions
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