Legal Opinion

Wilkinson v. Clauson

Supreme Court of Minnesota

Decided April 5, 1882PublishedCited by 9 opinions

Action brought by plaintiff in the district court for Ramsey county, to recover rent due under a lease to defendant. The action was tried by Brill, J., a jury having been waived, and judgment was ordered for plaintiff for the amount claimed. Defendant appeals from an order refusing a new trial. The ease is stated in the opinion.

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Action brought by plaintiff in the district court for Ramsey county, to recover rent due under a lease to defendant. The action was tried by Brill, J., a jury having been waived, and judgment was ordered for plaintiff for the amount claimed. Defendant appeals from an order refusing a new trial. The ease is stated in the opinion. Plaintiffs statements were not expressions of opinion, but representations of existing facts, as to which he had special knowledge and defendant had none. Faribault v. Safer, 13 Minn. 223; Johnson v. Wallower, 15 Minn. 472; Wilder v. De Con, 18 Minn. 470; Kelly v.…

1Opinion of the CourtYandeRburgh, J.

The defendant entered into possession of the demised premises prior to November, 1878, and moved out in March, 1880. This action is to recover rent due for the last two months of his occupancy. The lease was for a term of three years and upwards, and before it was executed certain negotiations took place in reference to the stores to be occupied, then being built, during which, as the trial court finds, “the plaintiff recommended said stores to defendant as suitable for his business, which was that of merchandising, and stated to him that there was an excellent sewer connected with the…

2Cases cited5 opinions

  1. Jaffe v. . HarteauNew York Court of Appeals · 1874
  2. Cesar v. . KarutzNew York Court of Appeals · 1875
  3. Whittle v. WebsterSupreme Court of Georgia · 1875
  4. McGlashan v. TallmadgeNew York Supreme Court · 1861
  5. Swift v. East Waterloo Hotel Co.Supreme Court of Iowa · 1875

3Cited by9 opinions

  1. Harpel v. FallSupreme Court of Minnesota · 1896
  2. Ames v. BrandvoldSupreme Court of Minnesota · 1912
  3. Hanley v. BanksSupreme Court of Oklahoma · 1897
  4. Edmison v. AslesenSupreme Court Of The Territory Of Dakota · 1886
  5. Nickelsen v. Minneapolis, Northfield & Southern RailwaySupreme Court of Minnesota · 1926

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