Rundlett v. G. Heileman Brewing Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $1,000, balance claimed to be due on certain fixtures and also upon a stock of wines, liquors, etc. The case was tried before Frederick V. Brown,. J., and a jury which returned a verdict in favor of plaintiff for $1,025. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtJaggard, J.
Benz & Sons, who for present purposes may be regarded as the owners of the premises herein involved, executed to Starr and his wife as tenants in common a lease which forbade an assignment without the lessors’ written consent. Starr sold the saloon fixtures and transferred the lease to plaintiff, Rundlett. The lease was not assigned in writing nor did Benz & Sons consent in writing to its transfer. Without question, Benz & Sons had, however, fully accepted and recognzed Rundlett as the successor in interest of the Starr lease for the unexpired term. On August 7, 1906, one Schenk, the local…
2Cited by1 opinion
- Wiedemann v. BrownSupreme Court of Minnesota · 1933