Damkroger v. Pearson
Supreme Court of Minnesota
Appeal by defendant from a judgment of the municipal court of St. Paul for $18.96 in favor of plaintiff, entered upon the pleadings pursuant to the order of Orr, J. Where the demised premises become untenantable through a cause within the exclusive control of the landlord, the latter’s refusal to remove said cause, upon reasonable notice, will amount to constructive eviction.
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Appeal by defendant from a judgment of the municipal court of St. Paul for $18.96 in favor of plaintiff, entered upon the pleadings pursuant to the order of Orr, J. Where the demised premises become untenantable through a cause within the exclusive control of the landlord, the latter’s refusal to remove said cause, upon reasonable notice, will amount to constructive eviction. City Power Co. v. Fergus Falls Water Co., 55 Minn. 172; Bass v. Rollins, 63 Minn. 226; Royce v. Guggenheim, 106 Mass. 201; Alger v. Kennedy, 49 Vt. 109; 2 Platt, Leases, 313. When the premises are untenantable, the…
1Opinion of the Court
MITCHELL. 3.
Appeal from a judgment on the pleadings in favor of the plaintiff. The plaintiff’s complaint is not in the most approved form, but, resolving all questions as to its sufficiency in favor of the plaintiff, *78the facts are that defendant was a tenant at will from month to month of the lower story of a two-story building belonging to the plaintiff; the month, under the tenancy, commencing, and the rent being payable, on the tenth of each calendar month. This was an action to recover rent for the month commencing November 10, 1897.
The allegations of the answer are to the effect that the…
2Cases cited3 opinions
- Roach v. PetersonSupreme Court of Minnesota · 1891
- Bass v. RollinsSupreme Court of Minnesota · 1895
- Flint v. SweeneySupreme Court of Minnesota · 1892
3Cited by7 opinions
- State v. BergenthalWisconsin Supreme Court · 1970
- Rea v. AlgrenSupreme Court of Minnesota · 1908
- Greenstein v. ConradiSupreme Court of Minnesota · 1924
- Colonial Court Apartments, Inc. v. KernSupreme Court of Minnesota · 1968
- Building Assn. of Duluth Odd Fellows v. Van NispenSupreme Court of Minnesota · 1945
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