Wills v. Summers
Supreme Court of Minnesota
Action brought in the district court for St. Louis county, to recover $501.74, the amount of taxes, and also the amount of $72.83, the amount of a local assessment, paid by the plaintiffs, and for which it was claimed the defendant, as assignee of the lease mentioned in the opinion, was bound to reimburse them. A jury was waived and the action tried by Stearns, J., who ordered judgment for defendant. The plaintiffs appeal from an order refusing a new trial.
1Opinion of the CourtVanderburgh, J.
The plaintiffs, owners of the real estate in controversy, leased the same to certain parties, and thereafter, on the 2d day of February, 1885, the defendant became the assignee of the lease, and entered into possession of the leased premises thereunder, subject to the covenants and stipulations therein, and has since continued in such possession, and paid the rent agreed on. The lease contained a covenant requiring the lesse.es. “to pay all rates, taxes, or assessments on the premises during the continuance of the lease.” On the 1st day of January, 1889, the premises were subject to the…
2Cases cited2 opinions
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Mason v. SmithMassachusetts Supreme Judicial Court · 1881
3Cited by3 opinions
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. LinnellSupreme Court of Minnesota · 1923
- Lindley v. SaleCalifornia Court of Appeal · 1934
- Mutual Creamery Insurance v. ThomasSupreme Court of Minnesota · 1971