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GOLDMAN v. GENERAL MILLS

No. 14682.

203 F.2d 439 (1953)

GOLDMAN v. GENERAL MILLS, Inc.

United States Court of Appeals Eighth Circuit.

April 20, 1953.

Attorney(s) appearing for the Case

Josiah E. Brill, Minneapolis, Minn., for appellant.

A. Lyman Beardsley, Minneapolis, Minn. (Frank J. Morley, D. E. Balch and Morley, Cant, Taylor, Haverstock & Beardsley, Minneapolis, Minn., on the brief), for appellee.

Before GARDNER, Chief Judge, and THOMAS and COLLET, Circuit Judges.

COLLET, Circuit Judge.

In November, 1946, the appellee, General Mills, leased certain buildings and premises in Minneapolis, agreeing to pay taxes and approximately $15,000.00 per year in cash as rental in quarterly installments of $3,750.00. Appellant Goldman is the assignee of the original lessor. January 15, 1948, the building was destroyed by fire. The lease contained the following provision relating to the destruction of the building by fire.

"Destruction...

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