Haycock v. Johnston
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover from defendant $422.50 damages for breach of the conditions of a written lease. In a former action between the parties plaintiff recovered from defendant the rent accrued subsequent to defendant’s abandonment of the leased property. Thereafter, although the lease contained no clause authorizing re-entry, plaintiff leased the premises to other tenants for the unexpired term.
Read the full summary
Action in the district court for Ramsey county to recover from defendant $422.50 damages for breach of the conditions of a written lease. In a former action between the parties plaintiff recovered from defendant the rent accrued subsequent to defendant’s abandonment of the leased property. Thereafter, although the lease contained no clause authorizing re-entry, plaintiff leased the premises to other tenants for the unexpired term. This action was brought to recover the difference between the rent reserved under defendant’s lease and the amount received from the reletting. The case was tried…
1Opinion of the CourtJaggard, J.
In the previous decision of this case (Haycock v. Johnston, 81 Minn. 49, 83 N. W. 494, 1118) it was determined that the abandonment by the defendant and respondent here, of the premises leased to him by the plaintiff and appellant here, was not accepted, and a claim for rent accrued was there enforced against the defendant. The defendant there insisted that it was the duty of the plaintiff to have leased the house after he had abandoned it, for his benefit, and to apply the proceeds of rentals to reduce the damages for which the defendant was liable. Of that claim Brown, J., said: “Plaintiff…
2Cases cited6 opinions
- Nelson v. ThompsonSupreme Court of Minnesota · 1877
- Stern v. ThayerSupreme Court of Minnesota · 1894
- Bowen v. HaskellSupreme Court of Minnesota · 1893
- Haycock v. JohnstonSupreme Court of Minnesota · 1900
- Buckingham Apartment House Co. v. DafoeSupreme Court of Minnesota · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gustafson v. JohnsonSupreme Court of Minnesota · 1952
- Gruman v. Investors Diversified Services, Inc.Supreme Court of Minnesota · 1956
- Crowder v. Virginian Bank of Commerce, Inc.Supreme Court of Virginia · 1920
- Markoe v. Naiditch and SonsSupreme Court of Minnesota · 1975
- SHORTLAND v. LarsonNorth Dakota Supreme Court · 1985
6 more not listed; retrieve them via the Exa API.