Johnson v. Carlin
Supreme Court of Minnesota
After the decision of the former appeal, reported in 115 Minn. 430, 132 N. W. 750, the case was tried before Olsen, J., who denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict that defendant was guilty and plaintiff ought to have restitution of the premises. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.
1Opinion of the CourtHolt, J.
On March 12, 1907, plaintiff leased a farm to defendant for the term of five years. The lease contained a provision that if plaintiff “sells said premises during the life of this lease and before the crop is in the ground, and desires to give possession to the purchaser, that the second party [defendant] will forthwith surrender possession of said leased premises upon the payment to- of $-per acre for each acre of said premises newly plowed by said second party at the time said possession is demanded.”
On September 28, 1910, plaintiff sold the farm to John A. Hinquist, and on November 1…
2Cases cited11 opinions
- Fischer v. Johnson Lane & Co.Supreme Court of Iowa · 1898
- Southern Ry. Co. v. LeardSupreme Court of Alabama · 1905
- Jay v. SteinSupreme Court of Alabama · 1873
- Robinson's Adm'rs v. Tipton's Adm'rSupreme Court of Alabama · 1858
- Davitte v. Southern Railway Co.Supreme Court of Georgia · 1899
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3Cited by3 opinions
- State Ex Rel. Humphrey v. CardCourt of Appeals of Minnesota · 1987
- Travelers Ins. Co. v. GibsonCourt of Appeals of Texas · 1937
- Johns-Manville Sales Corporation v. WilliamsSupreme Court of Alabama · 1934