The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-02-16
Other Decisions Today.

Syllabi of other decisions handed
down today are:
John E. Haycock, appellant, vs.. Alfred D. s.
Johnston, respondent. 49, -,rt
Syllabus: The abandonment Of leased prem
Uses by the tenant and the re-entry and reet-
ting of those premises by the landlord, operates
as a rescission of q lease, which contains no
provision authorizing re-entry upon DEFAULT In
its conditions without causing forfeiture.
Order affirmed. -JaGgaro, ).
J. C. Slater ct al, respondents. vs.. Frederick
P Siddall doing business as Frederick p. Sid
dali company, appellant. -
Syllabus First-Under chapter 81, laws Of
1901, tenant in possession under written
lease which contains no provision for renewal put
provides for monthly payment Of rent, by holding
over without any agreement, becomes a ten.
ant from month to month. but in other respects
| the covenants and obligations Of the original
lease are presumed to be in force.
Second-A verbal agreement to make certain
improvements in the premises In consideration OF
which written lease is executed remains obhga
tory upon the lessor during the term Of the lease
and if after that period the lessee remains II
possession and becomes tenant from month t
month. such agreement Is presumed to remain
| in force.
Held-It was error to instruct the Jury tina,
damages caused by leakage because Of failure tt
construct the improvement in worknanlik,
manner were limited to the period covered by tn,
written lease.
| Order reversed. Lewis ].
Inger Bodkin, respondent, vs.. o. W. Kerr. appel
ant =....
Syllabus: First-In an action by judgmen
creditor of husband to impress trust upo,
real estate acquired by his wife. Held, tn
evidence sustains finding to the effect that tn
wife was good faith purchaser. for a valuabl
| consideration, from parties who acquired It'll
thru mortgage foreclosure proceedings.
| Second-A1tho the ordinary services of wifi
! with respect to the family household inure
the benefit Of her husband, she may enter int
an arrangement with her husband to perfor1
other duties in connection Herewith for comper
sation Where the husband as sheriff Of tn
county enters into arrangement with his wifi
that she is to board the county prisoners and re
ceiye the compensation therefor allowed by Law
if in good faith and for the purpose Of havin
the wife thus raid for her work, the husban
acquires no interest in the money. in til
property purchased by her Herewith. and til
same are not impressed with trust in fay;
of the husbands creditors.
Order affirmed. Lewis, J.
Frank L. Slater. respondent, vs.. Advan,
Ihresher company, appellant.
Syllabus First-The master Is not liable fl
injuries occasioned to third person by tt
negligence Of his servant, while the latter
engaged In some act beyond the scope of Ii
employment for his own the purposes
: another, altho he may be using the instrume
&, talities furnished by the master with which
perform the ordinary duties Of his employment
, second-The expression, 'in the course Of b
: employment in contemplation of la
. while engaged in the service Of the master
3 and nothing It is not SYNONYMOUS wi
$ during the period covered by his employment