Granger v. Luther
South Dakota Supreme Court
'Appeal from the Municipal Court of the City of Aberdeen, Hon. A. L. McNaghter, Judge. Action by Roe A. Granger, against W. H. Luther, to recover possession of premises leased by 'defendant’s vendor to 'plaintiff, and to recover rental value thereof. IVom a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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'Appeal from the Municipal Court of the City of Aberdeen, Hon. A. L. McNaghter, Judge. Action by Roe A. Granger, against W. H. Luther, to recover possession of premises leased by 'defendant’s vendor to 'plaintiff, and to recover rental value thereof. IVom a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (1) To point one of the opinion, Appellant cited: Edwards v. Kearney, 96 U. S. 595, 24 L. Ed:. 793; Winona & St. P’eter R. R. Co. v. Deuel County, 8 Dakota 22, 12 N. W. 561, and cases cited; (to subd. I) : Barnitz v. Bevérly, 163 U. S’. 118; 41 L. Ed. 93;…
1Opinion of the CourtWhiting, J.
Trial to the court without jury. Judgment for plaintiff. Appeal from the judgment and from an order denying a new trial.
*639Resolving the material facts most favorable to respondent, they are as follows:
Respondent occupied a shop under a written lease, dated May 7, 1917, and running for three years, conditioned, among other things, that, if the monthly rental was not paid when due, or in case of the sale of said premises, “the said lessee does hereby authorize and fully empower said lessor or his agent to cancel and annul this lease at once, and to re-enter and take possession of said premises.”…
2Cases cited7 opinions
- McCormick v. RuschSupreme Court of Iowa · 1863
- Konkel v. StateWisconsin Supreme Court · 1919
- Breitenbach v. BushSupreme Court of Pennsylvania · 1863
- Pierrard v. HochOregon Supreme Court · 1920
- Edmonson v. FergusonSupreme Court of Missouri · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Crenshaw v. GranetMichigan Supreme Court · 1927