Fletcher v. Lazier
Supreme Court of Minnesota
Appeal by defendant, Nettie E. Lazier, from an order of the District Court of St. Louis County, Samuel H. Moer, J., made February 7,1894, overruling her demurrer to the complaint. The plaintiff, Cynthia TL Fletcher, commenced this action December 5, 1S93, to obtain possession of the household furniture in the house No. 329 West Second street, Duluth, or $750 its value in case a delivery thereof could not be had and $500 damages for its detention.
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Appeal by defendant, Nettie E. Lazier, from an order of the District Court of St. Louis County, Samuel H. Moer, J., made February 7,1894, overruling her demurrer to the complaint. The plaintiff, Cynthia TL Fletcher, commenced this action December 5, 1S93, to obtain possession of the household furniture in the house No. 329 West Second street, Duluth, or $750 its value in case a delivery thereof could not be had and $500 damages for its detention. Plaintiff on March 30,1893, sold this property to the defendant and rented to her the house for two years. The contract was as follows: This…
1Opinion of the CourtGilfillan, C. J.
To determine the rights of the parties in respect to the personal property, we have to consider not only the clause of the contract indicating a sale, but other clauses bearing upon it. The clause: “The lease of this property is taken by said second party subject to the conditions of a sale of the furniture now in said building, and formerly belonging to the said party of the first part, and now sold to said second party, said sale being part of this agreement, and the conditions thereof being as follows,” — followed by a statement of the times and amounts of payments, clearly indicates a…
2Cases cited1 opinion
- Cady v. Minneapolis Times Co.Supreme Court of Minnesota · 1894
3Cited by4 opinions
- Holmes v. SchnedlerSupreme Court of Minnesota · 1929
- C. I. T. Corporation v. CordsSupreme Court of Minnesota · 1936
- Penchoff v. Walter E. Heller Co., Inc.Supreme Court of Minnesota · 1929
- Cady v. Minneapolis Times Co.Supreme Court of Minnesota · 1894