Twitchell v. Cummings
Supreme Court of Minnesota
Action, for forcible entry and unlawful detainer in the municipal1 court of Minneapolis to recover possession of the premises described in the complaint. Defendant’s motion to dismiss the action was denied, O. L. Smith, J. The case was heard before Bardwell, J., who-made findings and ordered judgment in favor of plaintiff. Erom the.* judgment entered pursuant to the order for judgment, defendant appealed.
1Opinion of the CourtHaLLAM, J.
1. Defendant was in possession of land under a written contract. He was in default in making the payments called for by this contract. Plaintiff brought this action in forcible entry and unlawful detainer to recover possession. Plaintiff contends the contract is a lease. Defendant contends it is a contract of sale. If the instrument is a lease, this form of action will lie. If it is a sale, the action will not lie. We are of the opinion that the instrument is a lease. The parties themselves designated it a lease. It describes, the parties as lessor and lessee. In terms, the parties of the…
2Cases cited7 opinions
- Boeing v. OwsleySupreme Court of Minnesota · 1913
- State v. EvansSupreme Court of Minnesota · 1906
- Gillespie v. GillespieSupreme Court of Minnesota · 1896
- Herrick v. NewellSupreme Court of Minnesota · 1892
- Radley v. O'LearySupreme Court of Minnesota · 1886
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3Cited by4 opinions
- Twitchell v. Glenwood-Inglewood Co.Supreme Court of Minnesota · 1915
- Lilienthal v. TordoffSupreme Court of Minnesota · 1922
- Twitchell v. NelsonSupreme Court of Minnesota · 1914
- In Re HuffUnited States Bankruptcy Court, D. Minnesota · 1988