Rogers v. Brown
Supreme Court of Minnesota
Appeal by plaintiffs, Fred Bogers and Louisa H. Stickney, from a judgment of the District Court of Hennepin County, Henry G. Hicks, J., entered October 5, 1893, that they take nothing by their action. On May 18, 1885, Louisa H. Stickney and W. S. Porter leased to Bernhard A. Kruse and L. Gr.
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Appeal by plaintiffs, Fred Bogers and Louisa H. Stickney, from a judgment of the District Court of Hennepin County, Henry G. Hicks, J., entered October 5, 1893, that they take nothing by their action. On May 18, 1885, Louisa H. Stickney and W. S. Porter leased to Bernhard A. Kruse and L. Gr. Eichelzer the brick store and basement No. 248 Nicollet Avenue, Minneapolis, for three years at a rent of $175 a month in advance for the first year and $250 a month for the other two years. They continued to occupy and to pay rent at the last named rate for some time, when Eichelzer sold and assigned his…
1Opinion of the CourtGileillan, C. J.
If the findings of fact — that the parties made an agreement renting the premises from month to month, and that they were occupied under that agreement from May 1st until November 30th, and that the monthly rent for that period was paid, and that the notice set out in the record was served — are supported by the evidence, the plaintiffs had no cause of action.
As to the agreement, the evidence was not very abundant; but we think, taken in connection with the circumstances known to both the parties, a finding either way would have to be sustained. The term of Kruse, when he made an assignment,…
2Cited by3 opinions
- Smith v. PayneSupreme Court of Virginia · 1930
- Elliott v. BirrellSupreme Court of Virginia · 1920
- Paget v. Electrical Engineering Co.Supreme Court of Minnesota · 1901