Wallinder v. Weiss
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $12.82 and to foreclose a mechanic’s lien for that amount upon certain premises.
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Action in the district court for St. Louis county to recover $12.82 and to foreclose a mechanic’s lien for that amount upon certain premises. Defendants Breen and Shea in their answer admitted their ownership of the premises, but denied that the improvements or alterations were ever authorized by them, or made at their instance, and alleged that plaintiff had due and legal notice that the alterations or repairs were not authorized by them, that they had given the statutory notice required by posting the same, and further that the so-called improvements were of a temporary character and were…
1Opinion of the CourtHolt, J.
The defendants Breen and Shea, owners of a building in West Duluth, made a lease thereof to defendant Weiss for three years to be used as a theater. In the lease privthege was given the tenant, at his own risk and expense, to remove and safely store the plate glass and other windows in the front of the building and the front doors, and to change and remodel the front of the building in such manner as may be reasonably necessary and desirable for theater purposes. There was also a stipulation that the tenant was to restore the front to its original condition at the end of the lease, that he…
2Cases cited5 opinions
- O'Neil v. St. Olaf's SchoolSupreme Court of Minnesota · 1880
- Althen v. TarboxSupreme Court of Minnesota · 1892
- Jefferson v. LeithauserSupreme Court of Minnesota · 1895
- Congdon v. CookSupreme Court of Minnesota · 1893
- Althen v. TarboxSupreme Court of Minnesota · 1892
3Cited by8 opinions
- Redco Construction v. Profile Properties, LLCWyoming Supreme Court · 2012
- Berglund & Peterson v. AbramSupreme Court of Minnesota · 1921
- Korsunsky Krank Erickson Architects, Inc. v. WalshSupreme Court of Minnesota · 1985
- Arctic Lumber Co. v. BordenCourt of Appeals for the Ninth Circuit · 1914
- Fauser v. McElroySupreme Court of Minnesota · 1923
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