Defiel v. Rosenberg
Supreme Court of Minnesota
Two action® in the district court for Hennepin county to recover instalments of rent aggregating $1,500. The allegations of the answer are stated in the second, fourth, and fifth paragraphs of the opinion.
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Two action® in the district court for Hennepin county to recover instalments of rent aggregating $1,500. The allegations of the answer are stated in the second, fourth, and fifth paragraphs of the opinion. The cases were consolidated and tried together before Fish, J., who at the opening of the trial granted plaintiff’s motion for judgment on the pleadings, plaintiff objecting to the introduction of any testimony on behalf of defendant under his allegations in his counterclaims. From the judgment entered pursuant to the order for judgment, defendant appealed.
1Opinion of the CourtBrown, C. J.
In February,-1916, iby written contract, plaintiff leased to defendant certain premises situated in the city of St. Paul for the term of 99 years at the annual rental of $3,000 payable quarterly. Defendant entered into possession of the premises and thereafter made all quarterly payments of rent as they became due until March, 1918, when he defaulted. This action was brought to recover the instalment of rent then due. Defendant again defaulted in the payment of the instalment which fell due on June 1, 1918, and plaintiff brought a second action to recover the same. At the trial the actions…
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