Deuel v. Hawke
Supreme Court of Minnesota
This was an appeal from an order of the Judge.of tbe District Court of Bamsey County, requiring a Plaintiff to enter judgment upon an order overruling a demurrer to a complaint, without waiting to take proofs under an order of reference made in the cause; the complaint being founded upon an equitable cause of action. The following are the points and authorities of counsel for Appellant: First.
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This was an appeal from an order of the Judge.of tbe District Court of Bamsey County, requiring a Plaintiff to enter judgment upon an order overruling a demurrer to a complaint, without waiting to take proofs under an order of reference made in the cause; the complaint being founded upon an equitable cause of action. The following are the points and authorities of counsel for Appellant: First. This appeal is taken under Sub. 2, of Sec. 11, page 414 of the Revised Statutes, as amended in Session Laws of 1856, Chap. 5, Sec. 11, Subdivision 5. The order appealed from in effect determines the…
1Opinion of the Court
By the Court.
Atwater, J.
The complaint of Deuel, the Plaintiff in this cause, states an equitable cause of action against the Defendant, growing out of a lease of the Winslow House in St. Paul, from the Defendant Hawlce, which lease is recited in the complaint. By the terms of the lease, (bear*52ing date the 15th of November; 1855, and continuing for one year,) the Defendant covenanted among other things, to keep the premises in tenantable condition, and also to extend the lease five years after its termination, upon the Plaintiff’s complying with certain conditions therein named. The Plaintiff…
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