Legal Opinion

Fall v. Moore

Supreme Court of Minnesota

Decided March 17, 1891PublishedCited by 2 opinions

Action by landlord against tenant, brought in a justice’s court in Hennepin county, for restitution of demised premises after termination of tenancy. The plaintiff had judgment, and the defendant appealed, on questions of law and fact, to the district court for Hennepin county, where the action was tried before Rea, J., and judgment ordered ■ and entered for defendant, from which the plaintiff appealed.

1Opinion of the Court

Vanderburgh, J.1

The defendant occupied the premises in question under a written lease for two years, which expired by its terms May 31, 1889, at a rental, payable monthly, of $125. He remained in possession for the months of June and July, 1889, and paid rent therefor in advance at $130 per month, which plaintiff accepted and *516received as rent; and, on the first day of August, 1889, defendant tendered,to plaintiff the sum of $130 as, rent for.that month, which was refused. The plaintiff’s contention is that on the expiration of the first lease the defendant remained in possession as a tenant…

2Cases cited2 opinions

  1. Blumenberg v. MyresCalifornia Supreme Court · 1867
  2. Sanford v. JohnsonSupreme Court of Minnesota · 1877

3Cited by2 opinions

  1. Spinett, Inc. v. Peoples Natural Gas Co.Court of Appeals of Minnesota · 1986
  2. State ex rel. Wischstadt v. OlsonSupreme Court of Minnesota · 1894

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