Gluck v. Elkan
Supreme Court of Minnesota
The plaintiff brought this action in the municipal court of Minneapolis, on May 4, 1886, to obtain restitution of certain leased premises.
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The plaintiff brought this action in the municipal court of Minneapolis, on May 4, 1886, to obtain restitution of certain leased premises. The action was tried by the court, who found that defendant went into possession under a lease from plaintiff, by the terms of' which, and as a part of the consideration for the use and occupation,, the defendant covenanted at all times during the continuance of the term to keep the basement, stairway, and area open, clean, and free from rubbish; that from and since November, 1885, the defendant, has allowed the same to become and remain dirty and…
1Opinion of the CourtDickinson, J.
One of the covenants in the lease of the premises to the defendant, and a condition upon which the lease was made, was that the lessee should at all times keep a certain stairway and area — a part of the leased premises — open, clean, and free irons rubbish. This the defendant did not do. For several months after the defendant’s default in this, the plaintiff received the rent for the premises, which was payable monthly in advance. He so received the rent for the month of April, 1886, on the first day of that month. The lease was to terminate May 1,1886, unless it should be renewed or…
2Cases cited2 opinions
- Block v. EbnerIndiana Supreme Court · 1876
- Farwell v. EastonSupreme Court of Missouri · 1876
3Cited by15 opinions
- Lindeke v. Associates Realty Co.Court of Appeals for the Eighth Circuit · 1906
- Kenny v. Seu Si LunSupreme Court of Minnesota · 1907
- Towle v. PullenCourt of Appeals for the Seventh Circuit · 1916
- Central Union Trust Co. of N.Y. v. BlankSupreme Court of Minnesota · 1926
- London v. TeboMassachusetts Supreme Judicial Court · 1923
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