Hall v. Smith
Supreme Court of Minnesota
This action was brought m the district court for Meeker county to recover rent of a grist mill let by plaintiffs to defendants ; to recover damages for non-performance by the defendants of certain articles contained in the agreement of lease; and to recover possession of the leased juemises, as upon a forfeiture of the lease by reason of such non-performance of their agreement by the defendants. The action was referred to Geo.
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This action was brought m the district court for Meeker county to recover rent of a grist mill let by plaintiffs to defendants ; to recover damages for non-performance by the defendants of certain articles contained in the agreement of lease; and to recover possession of the leased juemises, as upon a forfeiture of the lease by reason of such non-performance of their agreement by the defendants. The action was referred to Geo. L. Otis, Esq., as sole referee, who reported a judgment for the plaintiffs. A new trial was refused by the district court, and the defendants appeal from the judgment…
1Opinion of the Court
By the Court
Berry, J.
It is not strange that a controversy should have sprung up as to the meaning and proper construction of an instrument so carelessly, loosely and obscurely drawn, as that upon which this action is founded. We will endeavor to construe it as well as wo can with reference to its language, and in view of the circumstances attending its execution, and of the conduct of *60the parties, so far as the same appear from the finding <;J the referee. So much of the agreement as is necessary to be considered, is in these words, viz: ‘ ‘the said party of the second part, (the defendants,)…
2Cited by3 opinions
- State v. StaplesSupreme Court of Minnesota · 1914
- Davis v. MendenhallSupreme Court of Minnesota · 1872
- State Ex Rel. Isle v. TahashSupreme Court of Minnesota · 1961