Kenny v. Seu Si Lun
Supreme Court of Minnesota
Action in forcible entry and unlawful detainer in the municipal court ■of St. Paul to recover possession of premises held under a written lease. The case was tried before Planft, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants appealed.
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Action in forcible entry and unlawful detainer in the municipal court ■of St. Paul to recover possession of premises held under a written lease. The case was tried before Planft, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants appealed. The plaintiff’s and respondent’s grantor had executed a written léase, •dated August 1, 1904, of certain premises to the defendants and appellants for a term of five year's, unless sooner terminated, .for an .agreed rental payable in equal instalments, in advance, of $65 per month. The lessees had “the full…
1Opinion of the CourtJaggard, J.
(after stating the facts as above).
1. The essential question on the merits here presented is whether the plaintiff is precluded from asserting the alleged grounds of forfeiture. It is to be noted that this was not a tenancy at will, and that notice to-the lessee was not a condition precedent to the right of the landlord tore-enter, either under the terms of the lease or under the general law. The notice in question, whether drawn in accordance with the statutory notice to terminate a tenancy at will (R. L. 1905, § 3332) or not, purported to cancel the lease, but did not demand immediate…
2Cases cited7 opinions
- Smith v. ParkSupreme Court of Minnesota · 1883
- Gluck v. ElkanSupreme Court of Minnesota · 1886
- Watier v. ButhSupreme Court of Minnesota · 1902
- Erickson v. JonesSupreme Court of Minnesota · 1887
- Manice v. MillenNew York Supreme Court · 1857
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