Erikson v. Propp
Supreme Court of Minnesota
Action in the district court for Polk county to recover $80, ten months’ unpaid rent under a written lease. The answer set up a verbal agreement by plaintiff to reconstruct the roof on the rented building so that it would not leak, that without such improvement the building was untenantable; and that defendant served plaintiff with written notice that he terminated the lease because of leaks in the roof which made the building unfit for occupancy, and a counterclaim for…
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Action in the district court for Polk county to recover $80, ten months’ unpaid rent under a written lease. The answer set up a verbal agreement by plaintiff to reconstruct the roof on the rented building so that it would not leak, that without such improvement the building was untenantable; and that defendant served plaintiff with written notice that he terminated the lease because of leaks in the roof which made the building unfit for occupancy, and a counterclaim for damages to defendant’s machinery caused by water. The lease provided that if the rented building, without any fault of the…
1Opinion of the CourtJaggard, J.
This was an action brought to recover a balance of $80 claimed to be due for' the use of a part of a building owned by the plaintiff by the defendant. A written lease was executed on the day on which defendant took possession of the rented part of the building. The total rent for the year was $96, payable at the rate of $8 per month in advance. The first month’s rent was paid at the time of the making of the lease. The second month’s rent was paid about May 4, 1906. After that the defendant paid no rent. The written lease, in the ordinary form, provided, inter alia, that there should not be…
2Cases cited4 opinions
- Haycock v. JohnstonSupreme Court of Minnesota · 1900
- McLean v. NicolSupreme Court of Minnesota · 1890
- Slafter v. SiddallSupreme Court of Minnesota · 1906
- Beneteau v. StublerSupreme Court of Minnesota · 1900