Legal Opinion

Smith v. Pendergast

Supreme Court of Minnesota

Decided December 30, 1879PublishedCited by 8 opinions

Appeal by defendants from a judgment of tbe district court for Stearns county, where the action was tried before McKelvy, J., a jury being waived.

1Opinion of the CourtBerry, J.

Moore, owning and being in possession of certain premises, demised the same, by lease under seal, for the term of one year from September 7,1871, to the firm of Howard & Carpenter, composed of John R. Howard and Ira M. Carpenter. Thereupon the firm went into possession, and performed all the covenants and conditions to be performed on their part. Pursuant to one of its provisions, the lease was renewed for .an additional term of four years, and under *319the renewal the lessees continued in possession, and fully performed on their part, except as hereinafter stated. On November 1, 1873, Moore,…

2Cases cited2 opinions

  1. Pence v. ArbuckleSupreme Court of Minnesota · 1876
  2. Nelson v. ThompsonSupreme Court of Minnesota · 1877

3Cited by8 opinions

  1. State ex rel. Norris v. District Court First Judicial DistrictSupreme Court of Minnesota · 1893
  2. Hurley v. Mississippi & Rum River Boom Co.Supreme Court of Minnesota · 1885
  3. Stern v. ThayerSupreme Court of Minnesota · 1894
  4. Cummings v. RogersSupreme Court of Minnesota · 1887
  5. Haycock v. JohnstonSupreme Court of Minnesota · 1906

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