Peterson v. Ruhnke
Supreme Court of Minnesota
Appeal by defendant Ruhnke (impleaded with Johnston .Mealey) from an order of the district court.for Hennepin county, refusing a new trial after a trial before Lochren, J., and judgment ordered for plaintiff for correction of a written lease and for $66 rent.
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Appeal by defendant Ruhnke (impleaded with Johnston .Mealey) from an order of the district court.for Hennepin county, refusing a new trial after a trial before Lochren, J., and judgment ordered for plaintiff for correction of a written lease and for $66 rent. The joint answer of the defendants, besides denials, contained an averment that on a day named “said plaintiff took, possession of .said premises, and. these. defendants surrendered possession thereof to said plaintiff, and said plaintiff has ever since had possession and control thereof, and these defendants have in no manner occupied…
1Opinion of the Court
Vanderburgh, J.1
This action is brought to reform a written lease, and also to recover rent due. The case was tried by the court. Upon the evidence the facts were found in plaintiff’s favor, and judgment was ordered accordingly. The defendant asks for a new trial on the grounds (1) that the complaint does not state a cause of action ; (2) that the reply raises no issue, and (3) that the findings of fact are not sustained by the evidence. Upon the facts alleged and found we see no reason why the plaintiff was not entitled to the relief sought. It is true the plaintiff joins with the equitable…
2Cases cited7 opinions
- Greenfield v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1872
- Greenleaf v. EganSupreme Court of Minnesota · 1883
- Burley v. German-American BankSupreme Court of the United States · 1884
- Lace v. FixenSupreme Court of Minnesota · 1888
- Dayton v. CraikSupreme Court of Minnesota · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Levine v. Lancashire InsuranceSupreme Court of Minnesota · 1896
- Midwest & Northern Realty Co. v. Standard Garage & Service Co.Supreme Court of Minnesota · 1924