Gardner v. Board of County Commissioners
Supreme Court of Minnesota
The plaintiff brought tbis action in the district court for Dakota county to recover tbe sum of $200, as tbe arrears of rent, for tbe year 1871, of certain premises alleged to have been let by tbe plaintiff to the defendant, at a yearly rent of $800. A jury was waived, and tbe action tried before Orosby, J., upon whose findings judgment was entered for the defendant, a motion for a new trial having been denied.
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The plaintiff brought tbis action in the district court for Dakota county to recover tbe sum of $200, as tbe arrears of rent, for tbe year 1871, of certain premises alleged to have been let by tbe plaintiff to the defendant, at a yearly rent of $800. A jury was waived, and tbe action tried before Orosby, J., upon whose findings judgment was entered for the defendant, a motion for a new trial having been denied. The plaintiff appeals from the j udgment, and from the order refusing a new trial.
1Opinion of the CourtMcMillan, C. J.
The plaintiff was the lessor, and the defendant the lessee, in an indenture of lease, which is attached to and made part of the defendant’s answer in this action, bearing date January 10, 1863. By the terms of the instrument, the plaintiff demised and leased to the defendant the premises described therein, being the same premises described in the complaint, for the full term of three years from January 1, 1863, at the rent of $600 per annum, payable in equal quarterly payments of one hundred and fifty dollars each, at the end of each quarter. “The party of the second part, (the defendant,)…
2Cases cited5 opinions
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Phillips v. MongesSupreme Court of Pennsylvania · 1839
- Hunt v. BaileySupreme Court of Missouri · 1866
- Inhabitants of Guilford v. Habitants of OxfordSupreme Court of Connecticut · 1832
3Cited by14 opinions
- Gostin v. NeedleCourt of Appeals of Maryland · 1946
- Hunter v. FrostSupreme Court of Minnesota · 1891
- Rolette State Bank v. Rollete CountyNorth Dakota Supreme Court · 1928
- Security Life and Accident Insurance Company v. United StatesCourt of Appeals for the Fifth Circuit · 1966
- Brown v. KayserWisconsin Supreme Court · 1884
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