Brechet v. Johnson Hardware Co.
Supreme Court of Minnesota
Action in the district court for Eenville county to recover $5,000 for obstructing a passageway. The answer set out the contract mentioned in the opinion, alleged defendant’s building and stairway, without its fault, were destroyed by fire> and defendant fastened the fire door in the opening in the partition wall, but that it necessarily did so in protection of its said property and for the purpose of preventing trespassers from entering therein.
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Action in the district court for Eenville county to recover $5,000 for obstructing a passageway. The answer set out the contract mentioned in the opinion, alleged defendant’s building and stairway, without its fault, were destroyed by fire> and defendant fastened the fire door in the opening in the partition wall, but that it necessarily did so in protection of its said property and for the purpose of preventing trespassers from entering therein. The case was tried before Daly, J., who made findings and ordered judgment in favor of defendant. From an order denying his motion to correct the…
1Opinion of the CourtBunn, J.
The Hector Lumber & Supply Company owned Lots 22 and 23, Block 3, in the village of Hector, and a two story brick building situated thereon. Plaintiff owned the adjoining lot and a two story brick building thereon. The two buildings had a common party wall. In 1899 the lumber company entered into a written contract, by the terms of which, in consideration of one dollar, the lumber company, party of the first part, “demised, leased and let” to plaintiff, his heirs, executors, administrators and assigns, “access to and the right, jointly with the said party of the first part, to use that…
2Cases cited7 opinions
- Shirley v. CrabbIndiana Supreme Court · 1894
- Hahn v. Baker Lodge, No. 47Oregon Supreme Court · 1891
- Bonney v. GreenwoodSupreme Judicial Court of Maine · 1902
- Hottell v. Farmers' Protective Ass'nSupreme Court of Colorado · 1898
- Reynolds v. Union Savings BankSupreme Court of Iowa · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hasselbring v. KoepkeMichigan Supreme Court · 1933
- Johnson v. MeiersMontana Supreme Court · 1946
- Rothschild v. WolfCalifornia Supreme Court · 1942
- Hopkins the Florist, Inc. v. FlemingSupreme Court of Vermont · 1942
- Muzio v. EricksonCalifornia Court of Appeal · 1919
6 more not listed; retrieve them via the Exa API.