Abbott v. Anheuser-Busch Brewing Ass'n.

• Decision Date: 13 February 1895
• Docket Number: No. 9062.,9062.
• Citation: 60 Minn. 266
• Parties: JEANIE ABBOTT and Others v. ANHEUSER-BUSCH BREWING ASSOCIATION.<SMALL><SUP>1</SUP></SMALL>
• Court: Minnesota Supreme Court

Page 266

60 Minn. 266

JEANIE ABBOTT and Others v. ANHEUSER-BUSCH BREWING ASSOCIATION.¹

No. 9062.

Supreme Court of Minnesota.

February 13, 1895.

Appeal by plaintiffs from an order of the district court for Ramsey county, Brill, J., denying their motion for a new trial. Affirmed.

In his memorandum the trial judge held that, as the original lease was wholly void, because not executed by the husbands of the plaintiffs, the subsequent tender by plaintiffs of a properly executed lease gave them no right to recover rents.

Williams, Goodenow & Stanton, for appellants.

Briggs & Countryman, for respondent.

CANTY, J.

This is an action by plaintiffs to recover rent on an alleged lease to defendant of their premises for six years, by the terms of which lease the defendant agreed to pay as rent $400 per month. Plaintiffs admit that $200 per month was paid for the five months in question, and claim that there is due $200 more per month for said five months, being from December, 1893, to April, 1894, inclusive. From the stipulation entered into by the parties, and used as evidence on the trial, it appears that a prior action was commenced against defendant for this rent, and on the trial of that action the court held the lease void. Thereupon the parties made a written agreement (Exhibit A) which recites the alleged lease, the claim of defendant that it is void, the pendency of that action, that judgment is about to be entered therein in favor of defendant, and that an appeal will be taken to the supreme court from that judgment, that it is desirable to have the building on the leased premises occupied during the pendency of the appeal, and that defendant is in possession by its tenant. It then proceeds: "Now, therefore, it is hereby stipulated and agreed that the party of the second part may remain in possession of the said building until the last day of the month in which the decision of the supreme court shall be filed in said action. If the decision of the district court holding said lease invalid shall be affirmed by the supreme court, the amount to be paid by the second party for rent of said premises from December 1, A. D. 1893, until the last day of the month in which the decision of the supreme court shall be filed, as aforesaid, shall be two hundred dollars per month, payable on the first day of each month. If the said decision of the district court shall be reversed by the supreme court, the amount to be paid shall be four hundred dollars per month, as in said lease provided. It is expressly understood and agreed between the parties hereto that neither party hereto, by executing this agreement, waives or surrenders in any manner or to any extent his, her, or its rights, claims, or demands, the one upon the other; it being the intention hereby that, if the lease shall be by the supreme court declared invalid, the party of the second part shall pay rent from December 1, 1893, to the last day of the month in which the decision of the supreme court shall be filed, only two...