Lanpher v. Glenn
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Ramsey county, to recover arrears of rent on a written lease made by plaintiffs to defendant Glenn, the other defendants being guarantors of the performance by Glenn of the covenants of the lease. The lease was for a period of five years from February 1, 1883, at a rental of $90 per month.
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Plaintiffs brought this action in the district court for Ramsey county, to recover arrears of rent on a written lease made by plaintiffs to defendant Glenn, the other defendants being guarantors of the performance by Glenn of the covenants of the lease. The lease was for a period of five years from February 1, 1883, at a rental of $90 per month. On July 4, 1884, the buildings and improvements mentioned in the lease (and described in the opinion) were destroyed by fire, without Glenn’s fault. No rent accruing since August 1, 1883, had been paid at the commencement of the action, (January 1,…
1Opinion of the CourtGilfillan, C. J.
At the common law, the rule undoubtedly was that a lessee of real estate for a term, who had covenanted to pay the rent without excepting the case of destruction by fire or'tempest of the buildings on the real estate, was not released from his obligation to pay the rent by such destruction. This was because the lease created an interest in the land, by virtue of which the lessee might, notwithstanding the destruction of the buildings, retain possession of the land to the end of his term. An exception to this, or, rather, a *5ease to which, from the circumstances, the rule did not apply, was…
2Cases cited3 opinions
- Rogers v. SnowMassachusetts Supreme Judicial Court · 1875
- Wilson v. HunterWisconsin Supreme Court · 1861
- Hooper v. FarnsworthMassachusetts Supreme Judicial Court · 1880
3Cited by11 opinions
- State Ex Rel. Oatey Orchard Co. v. Superior CourtWashington Supreme Court · 1929
- Bachenheimer v. Palm Springs Management Corp.California Court of Appeal · 1953
- Carley v. Liberty Hat Manufacturing Co.Supreme Court of New Jersey · 1911
- Target Stores, Inc. v. Twin Plaza Co.Supreme Court of Minnesota · 1967
- Buckhorn Plaster Co. v. Consolidated Plaster Co.Supreme Court of Colorado · 1910
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