Stout v. Stoppel
Supreme Court of Minnesota
Plaintiff agreed with defendant to take a lease from him of a certain store. Before the lease was drawn, the plaintiff, with the permission of defendant, placed in the store certain counters and shelving necessary for a drug store. When the lease was to be executed, the parties could not agree as to the terms, and it was not completed. Plaintiff sought to remove the fixtures and shelving, and defendant refused to allow him to do so.
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Plaintiff agreed with defendant to take a lease from him of a certain store. Before the lease was drawn, the plaintiff, with the permission of defendant, placed in the store certain counters and shelving necessary for a drug store. When the lease was to be executed, the parties could not agree as to the terms, and it was not completed. Plaintiff sought to remove the fixtures and shelving, and defendant refused to allow him to do so. This action was brought in the district court for Olmsted county, to recover for the conversion, by the defendant, of the fixtures and shelving, and, after a…
1Opinion of the CourtMitchell, J.
This is an action to recover the value of certain shelving and counters, the personal property of plaintiff, and alleged to have been wrongfully converted by defendant. The two points urged by defendant here, as well as in the court below, are (1) that the property which is the subject of the action being attached to and a part of the realty, this form of action will not lie; (2) that the plaintiff having annexed the property to the building of defendant while occupying it as his tenant, and having failed to remove it during his term, it became, under a familiar rule of law, the absolute…
2Cases cited7 opinions
- Tifft v. . HortonNew York Court of Appeals · 1873
- Guthrie v. JonesMassachusetts Supreme Judicial Court · 1871
- Vilas v. MasonWisconsin Supreme Court · 1870
- Davis v. TaylorIllinois Supreme Court · 1866
- Adams v. GoddardSupreme Judicial Court of Maine · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Northwestern Lumber & Wrecking Co. v. ParkerSupreme Court of Minnesota · 1914
- Hardie v. PetersonMontana Supreme Court · 1929
- Little v. WillfordSupreme Court of Minnesota · 1883
- Broaddus v. SmithSupreme Court of Alabama · 1898
- White Enamel Refrigerator Co. v. KruseSupreme Court of Minnesota · 1913
2 more not listed; retrieve them via the Exa API.