Davis v. Newcombe Oil Co.

Gallagher, Chief Justice.

Appeal from an order denying defendant’s alternative motion for judgment notwithstanding the verdict or for a new trial.

The following are the material facts: Plaintiffs, husband and wife, owned two lots in Chisholm, Minnesota. On May 18, 1932, they entered into a written agreement with Mesaba Gas Pool, Inc., defendant’s predecessor, to lease said property to that company for oil station purposes for a period of five years at a rental of “One Dollar ($1.00) per month, plus one cent per gallon on each gallon of gasolene purchased during the month over one hundred…