Grigsby v. Western Union Tel. Co.
South Dakota Supreme Court
Appeal from circuit court, Minnehaba county. Hon. Frank R. Aikens, Judge. Action to recover rent. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. An agreement to execute a lease does not constitute of itself an actual lease. Davis v. Thompson, 13 Me. 209; Baxter v. Browne, 2 Bl. Rep. 973; Doe ex Dem.
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Appeal from circuit court, Minnehaba county. Hon. Frank R. Aikens, Judge. Action to recover rent. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. An agreement to execute a lease does not constitute of itself an actual lease. Davis v. Thompson, 13 Me. 209; Baxter v. Browne, 2 Bl. Rep. 973; Doe ex Dem. Jackson v. Ashburne, 5 T. R. 165; Broomfield v. Smith, 6 East. 530; Morgan v. Bescall, 3 Faulton, 65; Allen v. Bennett, 3Fauton, 169; Goodtille v. May, ID. &E. 735; McGrath v. Boston, 103 Mass. 369. A mere holding over of a tenant in possession under an…
1Opinion of the CourtKellam, J.
This is an action to recover rent alleged to be due from appellant, as lessor, to respondent, as lessee. From a judgment in favor of respondent, and from an order overruling a motion for. a new trial, appellant brings this appeal. The facts seem to be as follows: On July 13, 1888, appellant leased from one Isaac Emerson a part of the building known as the ‘ ‘Emerson Block, ’ ’ in the city of Sioux Falls, for a term ending May 1, 1890, at the monthly rental of $25 per month. Under the lease with Isaac Emerson, appellant occupied the demised premises as a telegraph office, and continued such…
2Cases cited4 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- Barnes v. . PerineNew York Court of Appeals · 1854
- Jackson ex dem. Livingston v. KisselbrackNew York Supreme Court · 1813
- Kirby v. Western Union Telegraph Co.South Dakota Supreme Court · 1893
3Cited by14 opinions
- Shaw v. GeorgeSouth Dakota Supreme Court · 1966
- Easterly v. MillsWashington Supreme Court · 1909
- Yankton Fire Ins. v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1895
- Engle v. HeierSouth Dakota Supreme Court · 1970
- Poppitz v. German InsuranceSupreme Court of Minnesota · 1901
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