Legal Opinion

Millis v. Ellis

Supreme Court of Minnesota

Decided November 5, 1909No. Nos. 16,228—(12)PublishedCited by 6 opinions

Action in the municipal court of Minneapolis to recover $50 for the July, 1908, rent of certain premises under a written lease. At the trial the complaint was amended so as to include the rent for the months of August, September, October, and November, 1908. The answer alleged an agreement, between the parties that defendant should purchase a home for his family, and should be released from his contract upon giving thirty days’ notice of his intention to leave.

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Action in the municipal court of Minneapolis to recover $50 for the July, 1908, rent of certain premises under a written lease. At the trial the complaint was amended so as to include the rent for the months of August, September, October, and November, 1908. The answer alleged an agreement, between the parties that defendant should purchase a home for his family, and should be released from his contract upon giving thirty days’ notice of his intention to leave. The case was tried before Charles L. Smith, J., who made findings and ordered judgment in favor of defendant. From an order denying…

1Opinion of the CourtLewis, J.

Appellant was the owner of certain premises in Minneapolis, and leased the same to respondent by a written lease for the period of three years at the rate of $50 per month, payable monthly in advance. After occupying the premises several months, respondent vacated the premises, and this action was brought to recover the amount of rent due at the time of the commencement of the action. The court found that it was mutually agreed between the parties that upon respondent’s giving thirty days’ notice of his intention to leave the premises, and upon payment of the rent due at that time, the lease…

2Cases cited1 opinion

  1. Smith v. PendergastSupreme Court of Minnesota · 1879

3Cited by6 opinions

  1. C. S. Brackett Co. v. LofgrenSupreme Court of Minnesota · 1918
  2. SHORTLAND v. LarsonNorth Dakota Supreme Court · 1985
  3. Maze v. Minneapolis Willys-Knight Co.Supreme Court of Minnesota · 1931
  4. Bastien v. BronstineSupreme Court of Colorado · 1939
  5. Bowman v. PlumbSupreme Court of Minnesota · 1945

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