Minnesota State Agricultural Society v. Swanson
Supreme Court of Minnesota
Appeal by defendants from an order of the district court, Eamsey county, Cornish, J., denying a new trial. Action for rent upon an alleged oral lease by the Minnesota State Agricultural Society, plaintiff, to Swanson Bros., defendants. The subject of the lease was the dining-hall privilege at the State Fair grounds. Defendants alleged that the lease was made with them and one Wylie as partners as Swanson & Wylie, and that it included steam for cooking purposes.
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Appeal by defendants from an order of the district court, Eamsey county, Cornish, J., denying a new trial. Action for rent upon an alleged oral lease by the Minnesota State Agricultural Society, plaintiff, to Swanson Bros., defendants. The subject of the lease was the dining-hall privilege at the State Fair grounds. Defendants alleged that the lease was made with them and one Wylie as partners as Swanson & Wylie, and that it included steam for cooking purposes. Defendants set up a counterclaim in behalf of Swanson & Wylie for damages caused by plaintiff’s failure to furnish steam. Plaintiff…
1Opinion of the CourtGileillan, C. J.
Upon the principal question in the case — that whether the contract sued on was made with , defendants, or with them and Wylie — there was conflict of evidence, and the finding of the jury upon it is conclusive. Taking the entire charge of the court together, the issues in the case were fairly left to the jury. We find no error in it. If the exclusion of'the testimony mentioned in the fifth assignment of error had been erroneous; if the case had been one for recovery of profits, as for the interruption of a regular and established business, the value of which depends on its profits, and which…
2Cases cited1 opinion
- Merchants' Nat. Bank v. Northwestern Mfg. & Car Co.Supreme Court of Minnesota · 1892
3Cited by1 opinion
- Merchants' Nat. Bank v. Northwestern Mfg. & Car Co.Supreme Court of Minnesota · 1892