Backus v. Sternberg
Supreme Court of Minnesota
Appeal by defendant, Emil T. Sternberg, from a judgment of the Municipal Court of the City of St. Paul, H. W. Cory, J., entered March 24,1894, against him for $160 and interest and costs. The plaintiff, Hiram Backus, was on May 9, 1892, mortgagee in possession of the Hotel Barteau in St. Paul and so continued for more than a year thereafter.
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Appeal by defendant, Emil T. Sternberg, from a judgment of the Municipal Court of the City of St. Paul, H. W. Cory, J., entered March 24,1894, against him for $160 and interest and costs. The plaintiff, Hiram Backus, was on May 9, 1892, mortgagee in possession of the Hotel Barteau in St. Paul and so continued for more than a year thereafter. On that day he by an agreement in writing-signed by the parties leased to defendant apartment No. 44 in that Hotel for the term of six months commencing June 1, 1892, and defendant therein agreed to pay plaintiff rent therefor at the rate of forty dollars…
1Opinion of the CourtCollins, J.
It was certainly competent for defendant to prove that it was orally agreed between plaintiff and himself that, if he would lease the premises in question for a half year, he should be permitted to enter into possession on the expiration of his term, as a tenant at will, and pay rent at a stipulated rate per month so long as he retained possession, and no longer. Such an agreement was a collateral contract not at all inconsistent with the written lease as the same was set forth in the complaint. The authorities are abundant that proof is admissible of any collateral parol agreement, or of any…
2Cases cited2 opinions
- Johnson v. AlbertsonSupreme Court of Minnesota · 1892
- Powell v. NewellSupreme Court of Minnesota · 1894
3Cited by9 opinions
- Samuel H. Chute Co. v. LattaSupreme Court of Minnesota · 1913
- Kaufman v. MastinWest Virginia Supreme Court · 1909
- King v. Durkee-Atwood Co.Supreme Court of Minnesota · 1914
- Powell v. NewellSupreme Court of Minnesota · 1894
- Tiedt v. JohnsonSupreme Court of Minnesota · 1922
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