Wm. Lindeke Land Co. v. Levy
Supreme Court of Minnesota
Action in the municipal court of St. Paul to recover $75, being one month’s rent under a lease executed by plaintiff to Oscar L. Pherson and Andrew A. Clauson, doing business as the Pherson Furniture Co., which, the complaint alleged, they entered into for the use and benefit, and as agents, of defendant. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of plaintiff in the amount demanded.
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Action in the municipal court of St. Paul to recover $75, being one month’s rent under a lease executed by plaintiff to Oscar L. Pherson and Andrew A. Clauson, doing business as the Pherson Furniture Co., which, the complaint alleged, they entered into for the use and benefit, and as agents, of defendant. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of plaintiff in the amount demanded. From an order denying a motion for a new trial and from a judgment entered upon the verdict, defendant appealed.
1Opinion of the CourtCollins, J.
At the trial of this action, plaintiff sought to recover upon the theory that Pherson and Clauson, who actually entered into the written contract with plaintiff by which the latter leased the premises to the former for one year, executed and obtained the lease solely for the use and benefit of defendant Levy, and not for their own benefit; that in so doing they acted as his agents, within the *365scope of their authority as such; and that he was in fact the undisclosed principal, to whom plaintiff might look for its rent upon discovering the fact. And from the pleadings and proof it is obvious…
2Cases cited2 opinions
- Rowell v. OlesonSupreme Court of Minnesota · 1884
- Exchange Bank v. HubbardCourt of Appeals for the Second Circuit · 1894
3Cited by18 opinions
- Lindquist v. DicksonSupreme Court of Minnesota · 1906
- Gay v. KelleySupreme Court of Minnesota · 1909
- Pleins v. WachenheimerSupreme Court of Minnesota · 1909
- Lincoln Joint Stock Land Bank v. BextenNebraska Supreme Court · 1933
- Timmerman v. BultmanMichigan Supreme Court · 1928
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