Harris v. Corlies
Supreme Court of Minnesota
Plaintiff brought this action against defendant, (a corporation,) in the district court for Eamsey county, to recover rent reserved in a lease. The defendant, in its answer, claimed an abatement from the rent for a period during which, as it alleged, the premises were rendered partially untenantable from the causes stated in the opinion. A jury was waived and the action tried by Wilkin, J., who ordered judgment for plaintiff, which was entered, and the defendant appealed.
1Opinion of the CourtMitchell, J.
The defendant leased from the plaintiff, for a term of years, the first story and basement of a brick building in the city of St. Paul. The lease contained the following provision, to wit: “If at any time during said, term the demised premises shall be rendered partially untenantable by fire or the elements, but so that the business then being done therein can be successfully conducted therein *107while the same are being repaired, then said party of the first part [the lesssor] * * * shall properly repair the same as soon as practicable after notice thereof in writing, and occupancy and use…
2Cases cited2 opinions
- Polack v. PiocheCalifornia Supreme Court · 1868
- Van Wormer v. CraneMichigan Supreme Court · 1883
3Cited by13 opinions
- Railton v. TaylorSupreme Court of Rhode Island · 1897
- Kirby v. WylieCourt of Appeals of Maryland · 1908
- Friedman Bros. Holding Co. v. NathanSupreme Court of Minnesota · 1924
- Weiss v. Zenith Realty Co.Supreme Court of Minnesota · 1915
- United States v. HenryAlaska Supreme Court · 1967
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