Schumacher v. Pabst Brewing Company
| Decision Date | 14 November 1899 |
| Docket Number | 11,795 - (53) |
| Citation | 80 N.W. 838,78 Minn. 50 |
| Parties | AUGUST SCHUMACHER v. PABST BREWING COMPANY |
| Court | Minnesota Supreme Court |
Action in the district court for Carlton county to recover $2,100 damages for failure to deliver possession under a lease and $20 for moneys paid and repairs made at defendant's request. The case was tried before Ensign, J., and a jury which rendered a verdict in favor of plaintiff for $546.14 and from an order denying a motion for a new trial, or tat judgment be entered in favor of plaintiff for $6.14 notwithstanding the verdict, defendant appealed. Reversed.
Lease -- Authority of Agent.
An agent, authorized to negotiate for or make a lease for three years, made one for three years with the privilege to the lessee of a renewal for two years more. On the evidence, held, the alleged lessor never ratified the unauthorized lease so made.
Breach of Contract -- Meeting of Minds.
The alleged lessor subsequently offered the alleged lessee a new lease for the period of three years, but, before the offer was accepted, it was withdrawn. In an action by such lessee for damages for breach of the contract, in refusing to permit him to take possession, held, the minds of the parties never met, no contract of leasing was ever made between them, and plaintiff cannot recover.
Schmidt, Reynolds & Mitchell, for appellant.
Baldwin & Baldwin, for respondent.
The complaint alleges that plaintiff rented of defendant a certain store building, together with certain saloon furniture and fixtures to be placed therein by defendant; that plaintiff agreed to pay therefor as rent the sum of $15 per month; that the term of the lease was for three years, with the privilege of renewal for the term of two years more on the same terms and conditions; that, after making the lease, defendant refused to permit plaintiff to take possession of the premises; that the reasonable rental value of the same for said term is $50 per month; and plaintiff demands damages for the breach of the contract in refusing to permit him to take possession. The answer is a general denial. On the trial, plaintiff had a verdict, and from an order denying a new trial defendant appeals.
One Rickford was the agent of defendant at Duluth. The premises in question are at Carlton, and in October, 1897, were vacant and unoccupied. Rickford went to Carlton, examined the property, and on October 23, 1897, reported by letter to defendant, at Milwaukee, Wisconsin, that plaintiff wanted to rent the building for three years at $15 per month; the building to be repaired, and certain saloon furniture and fixtures placed in the same. On October 25 defendant answered. The letter is somewhat vague in its terms, but, for the purposes of this case, we will concede that, as plaintiff contends, such letter gave Rickford authority to negotiate with plaintiff for a lease for three years. On receipt of this letter by Rickford, a lease was drawn up, by the terms of which defendant leased the premises to plaintiff for the term of three years from and after November 1, 1897, with the right to plaint...
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