Behrendt v. Rassmussen

Magney, Justice.

Defendant appeals from an order denying his alternative motion for judgment or a new trial.

Plaintiffs, husband and wife, occupied an apartment in a building in Minneapolis owned by defendant. The agreed rental was paid promptly when due. On April 12, 1948, defendant gave written notice to plaintiffs to vacate on or before June 13, 1948. Upon their refusal to comply, defendant on June 15, 1948, brought an unlawful detainer action against them. It was contested. Defendant prevailed, and a writ of restitution was issued. On the day of the expiration of the stay which had been…