Ingalls v. Oberg
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Cbisago county, Crosby, J., denying a motion for a new trial after verdict for plaintiff. The plaintiff entirely failed to make out a cause of action.
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Appeal by defendant from an order of the district court for Cbisago county, Crosby, J., denying a motion for a new trial after verdict for plaintiff. The plaintiff entirely failed to make out a cause of action. GL S. 1894, § 1873; Sanford v. Johnson, 24 Minn. 172. If the appellant became a tenant from year to year, then the tenancy could not be terminated by either party except upon due notice, (at common law, six months,) terminating at the end of the year in which the notice is given. Hunter v. Frost, 47 Minn. 1. A husband cannot, as his wife’s agent or attorney, make a valid lease of her…
1Opinion of the Court
MITCHELL, J.2
This action was brought in May, 1895, under chapter 84 of the General Statutes of 1894, to recover possession of demised premises from a tenant holding over after the expiration of his term. The plaintiff: alleged a lease for the term of one year, ending April 1, 1895. The defendant admitted that he was in possession under a lease from the plaintiff, but alleged that the term had not yet expired, and would not expire until the fall of the season of 1895. Hence, under the pleadings, the only issue was when the term of the *104lease expired. It appeared from the evidence that defendant…
2Cases cited2 opinions
- Hunter v. FrostSupreme Court of Minnesota · 1891
- Webb v. FisherSupreme Court of Minnesota · 1894
3Cited by5 opinions
- Busack v. JohnsonSupreme Court of Minnesota · 1915
- Enterprise Co. v. PfeiferSupreme Court of Minnesota · 1927
- Hennepin County Welfare Department v. FishSupreme Court of Minnesota · 1970
- Weide v. City of St. PaulSupreme Court of Minnesota · 1914
- In Re FishSupreme Court of Minnesota · 1970