Backus v. Sternberg, 9082.

• Decision Date: 13 December 1894
• Docket Number: No. 9082.,9082.
• Citation: 59 Minn. 403
• Parties: HIRAM BACKUS <I>vs.</I> EMIL F. STERNBERG.
• Court: Minnesota Supreme Court

Page 403

59 Minn. 403

HIRAM BACKUSvs.

EMIL F. STERNBERG.

No. 9082.

Supreme Court of Minnesota.

Submitted on briefs November 8, 1894.

Reversed December 13, 1894.

Appeal by defendant, Emil T. Sternberg, from a judgment of the Municipal Court of the City of St. Paul, H. W. Cory, J., entered March 24, 1894, against him for $160 and interest and costs.

The plaintiff, Hiram Backus, was on May 9, 1892, mortgagee in possession of the Hotel Barteau in St. Paul and so continued for more than a year thereafter. On that day he by an agreement in writing signed by the parties leased to defendant apartment No. 44 in that Hotel for the term of six months commencing June 1, 1892, and defendant therein agreed to pay plaintiff rent therefor at the rate of forty dollars per month payable on the first day of each month in advance. At the same time it was orally agreed between the parties that on the expiration of said term of six months defendant should continue in the possession of the apartment as tenant at will and pay the same rent monthly in advance so long as he occupied it. Defendant entered and paid the rent each month as agreed for eight months. On December 31, 1892, he gave plaintiff notice that on January 31, 1893, he would vacate the apartment and deliver to him the possession. He did so on that day. On December 22, 1893, plaintiff brought this action to recover of defendant $160 rent for four months, from January 31, to June 1, 1893, claiming that defendant by holding over after the expiration of the first six months became tenant from year to year. Defendant answered and plaintiff replied. The facts above stated appeared from the pleadings. The cause came to trial February 24, 1894. At the opening of the case plaintiff moved for judgment on the pleadings, claiming the written contract to be a complete and final statement of the whole agreement between them and that the oral negotiations had at and before its execution were merged therein; that by holding over and paying rent after the expiration of the first six months defendant became tenant from year to year. The trial court adopted this view and ordered judgment for the plaintiff for the amount claimed. Judgment was so entered and defendant appeals.

Edward J. Cannon, for appellant.

Tyler & Tyler, for respondent.

COLLINS, J.

It was certainly competent for defendant to prove that it was orally agreed between plaintiff and himself that, if he would lease the premises in question for a half year, he...