Legal Opinion

Hanley Falls Creamery Co. v. Milton Dairy Co.

Supreme Court of Minnesota

Decided June 26, 1914No. Nos. 18,706—(218)PublishedCited by 13 opinions

Action in tbe district court for Ramsey county to recover $105. Tbe case was tried before Dickson, J., who made findings and ordered judgment in favor of defendant. From an order denying its motion for a new trial, plaintiff appealed.

1Opinion of the CourtPhilip E. Brown, J.

After trial to the court, with findings for defendant, plaintiff appealed from an order denying a new trial.

The action sought to recover rent of realty alleged to have accrued subsequently to September 1, 1912. The facts are undisputed and may be thus stated:

In April, 1910, plaintiff let, in writing, its creamery property to defendant for a term of five years commencing May 1, 1910, “for creamery purposes,” in consideration of an agreed rental of $900, payable $15 each month in advance. The lease, in addition to and after the usual mutual covenants, contained the following provision:

“And it…

2Cases cited2 opinions

  1. Hawes v. FavorIllinois Supreme Court · 1896
  2. Swank v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898

3Cited by13 opinions

  1. Wilson v. DavidsonSupreme Court of Minnesota · 1944
  2. Cesar v. VirginSupreme Court of Alabama · 1921
  3. Associated Cotton Shops, Inc. v. Evergreen Park Shopping Plaza of Delaware, Inc.Appellate Court of Illinois · 1960
  4. Warren v. DriscollSupreme Court of Minnesota · 1932
  5. Elder v. EppersonTennessee Supreme Court · 1938

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