Olson v. Schultz
Supreme Court of Minnesota
Appeal by defendant from an order of tke district court for Hennepin county, Elliott, J., refusing a new trial after a verdict for $500. A lessor who agrees to repair cannot be charged with a breach of the agreement without notice of need of repairs. Moore v. Clark, 5 Taunt. 90, 95; Holton v. Waller, 95 Iowa, 545, 64 N. W. 633; Wolcott v. Sullivan, 6 Paige, Ch. 117; Cooke v. England, 27 Md. 14; Ploen v. Staff, 9 Mo.
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Appeal by defendant from an order of tke district court for Hennepin county, Elliott, J., refusing a new trial after a verdict for $500. A lessor who agrees to repair cannot be charged with a breach of the agreement without notice of need of repairs. Moore v. Clark, 5 Taunt. 90, 95; Holton v. Waller, 95 Iowa, 545, 64 N. W. 633; Wolcott v. Sullivan, 6 Paige, Ch. 117; Cooke v. England, 27 Md. 14; Ploen v. Staff, 9 Mo. App. 309; Taylor, L. & T. § 330; Wood, L. & T. (2d Ed.) § 374; 3 Sutherland, Dam. § 873. But in the present case the language of the lease contemplates notice. In the absence of…
1Opinion of the CourtBuck, J.
On June 2, 1891, the appellant, Schultz, was the owner of a four-story brick building, with basement, situate in the city of Minneapolis; and on that day he leased the fourth floor of said building, with the privileges and appurtenances thereunto belonging, to the respondent, Olson, for a term of one year, to commence July 1,1891, for the rental of $50 per month. The third floor of the building was unoccupied, and the remainder of the building was occupied by the North Star Boot & Shoe Company, with equal right to use an elevator in the building in common with the respondent, Olson. This…
2Cases cited6 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Myers v. . BurnsNew York Court of Appeals · 1866
- Lindsey v. LeightonMassachusetts Supreme Judicial Court · 1889
- City of Wabasha v. SouthworthSupreme Court of Minnesota · 1893
- Whittaker v. Inhabitants of West BoylstonMassachusetts Supreme Judicial Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Barron v. LiedloffSupreme Court of Minnesota · 1905
- Daly v. BergstedtSupreme Court of Minnesota · 1964
- Dehn v. S. Brand Coal & Oil Co.Supreme Court of Minnesota · 1954
- Campbell v. Railway Transfer Co.Supreme Court of Minnesota · 1905
- Larson v. City of MinneapolisSupreme Court of Minnesota · 1962
9 more not listed; retrieve them via the Exa API.