Cohen v. Whitcomb
Supreme Court of Minnesota
Action in the district court for Hennepin county to restrain defendant from removing any part of a heating plant from a certain building and to recover $500 for injury to the property. The answer set up a counterclaim for $1,200 for the conversion of the heating plant by plaintiff.
Read the full summary
Action in the district court for Hennepin county to restrain defendant from removing any part of a heating plant from a certain building and to recover $500 for injury to the property. The answer set up a counterclaim for $1,200 for the conversion of the heating plant by plaintiff. The case was tried before Fish, J., who at the close of the testimony denied motions for directed verdicts and a jury which answered questions as set out in the fourth paragraph of the opinion and returned a verdict for $708.33 in favor of defendant. From an order denying his motion for judgment for $130…
1Opinion of the CourtQuiNN, J.
Elizabeth G-. Marshall was the owner of the premises in question, known as No. 418 Nicollet avenue, in Minneapolis, and on March 1, 1905, leased the same to Otto Streissguth for a term of 12 years. The lease contained the following provision:
“Any improvements, repairs or alterations made in or to said buildings by the said lessee during the term of this lease or heretofore made by the said lessee, are now and hereafter to become the property of the said lessor and that at the termination of.this lease, no part or appurtenance of the said buildings shall be removed by the said lessee, and that…
2Cases cited4 opinions
- Northwestern Lumber & Wrecking Co. v. ParkerSupreme Court of Minnesota · 1914
- Pond & Hasey Co. v. O'ConnorSupreme Court of Minnesota · 1897
- Ames v. Trenton Brewing Co.New Jersey Court of Chancery · 1897
- Shapira v. BarneySupreme Court of Minnesota · 1882
3Cited by2 opinions
- Moffat v. WhiteSupreme Court of Minnesota · 1938
- Central Chrysler Plymouth, Inc. v. HoltSupreme Court of Minnesota · 1978