Northwestern Loan & Trust Co. v. Topp Oil & Supply Co.

{dissenting'). As I am unable to concur in the majority opinion I shall state briefly the reasons which impel me to dissent.

This controversy involves the claims of the parties to a certain filling station erected upon the lands of Carrie E. Pedersen by the defendant as specifically authorized by a certain lease. The plaintiff, as trustee, stands in the shoes of Mrs. Pedersen and concededly the conveyance of the lands in trust for her own benefit does not alter the situation to be dealt with. Under the lease the relation between Mrs. Pedersen and the defendant was that of landlord and tenant.…