Legal Opinion

Grace v. Michaud

Supreme Court of Minnesota

Decided June 10, 1892PublishedCited by 13 opinions

Appeal by defendant, Achille Michaud, from a judgment of the Municipal Court of the City of St. Paul, Twohy, J., entered August 27, 1891, against him for $214.61. The plaintiffs, James Grace and Ellen Butler, owned the house No. 272 West Seventh Street in St. Paul, andón May 1, 1890, defendant rented it of them, agreeing verbally to pay $50 a month rent, payable in advance, on the first day in each month.

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Appeal by defendant, Achille Michaud, from a judgment of the Municipal Court of the City of St. Paul, Twohy, J., entered August 27, 1891, against him for $214.61. The plaintiffs, James Grace and Ellen Butler, owned the house No. 272 West Seventh Street in St. Paul, andón May 1, 1890, defendant rented it of them, agreeing verbally to pay $50 a month rent, payable in advance, on the first day in each month. Defendant entered that day, and continued in the possession of the house until September 25, 1890, when he left it and sent the key to the plaintiffs, with a notice that he surrendered…

1Opinion of the CourtYanderbtjrgh, J.

The defendant was not entitled to judgment on the pleadings, unless there are material facts set up in the answer, which stand admitted. The complaint is upon a contract for leasing by parol for one year, at a rental payable monthly. The answer admits a lease at will, at the same rental payable monthly, commencing about May 1, 1890, — the same date alleged in the complaint, — and alleges occupancy under the lease to September 25, 1890, and payment of the rent to and including the month of October, 1890. It also alleges that on or about September 20, 1890, he served upon plaintiffs a notice of…

2Cases cited3 opinions

  1. Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
  2. Hunter v. FrostSupreme Court of Minnesota · 1891
  3. Engel v. BugbeeSupreme Court of Minnesota · 1889

3Cited by13 opinions

  1. Johnson v. Theo. Hamm Brewing Co.Supreme Court of Minnesota · 1942
  2. Eastman v. VetterSupreme Court of Minnesota · 1894
  3. Sutherland v. DroletWisconsin Supreme Court · 1913
  4. Aitkin Lodge No. 164 I. O. O. F. v. Troppman & SingerSupreme Court of Minnesota · 1930
  5. Hyman Realty Co. v. KahnSupreme Court of Minnesota · 1937

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