Building Assn. of Duluth Odd Fellows v. Van Nispen

Julius J. Olson, Justice.

Action to recover rents claimed by plaintiff under an oral lease from month to month for the months of April to October 1944, inclusive, at $50 per month, amounting to $350. Damages were also sought for $98.50 due to defendant’s alleged “negligent use” of the leased premises. Two jury trials were had, the first resulting in a verdict for plaintiff for $40. A new trial was granted. At the second trial, plaintiff had a verdict of $50, “which represents the rent for month of April, 1944,” but no allowance was made for damages for negligent use of the premises.

Plaintiff’s…