KLASS v. TWIN CITY FEDERAL SAVINGS AND LOAN ASS'N

No. 42096.

190 N.W.2d 493 (1971)

Louis M. KLASS and Allen Brand, co-partners, d. b. a. Metropolitan Parking Lot, Respondents, v. TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant.

Supreme Court of Minnesota.

Rehearing Denied October 8, 1971.


Attorney(s) appearing for the Case

Mackall, Crounse, Moore, Helmey & Holmes, and Connor F. Schmid, Minneapolis, for appellant.

Altman, Geraghty, Leonard & Mulally, St. Paul, for respondents.


OPINION

OTIS, Justice.

The question raised by this appeal is whether a lessor is entitled to retain that part of an award in a condemnation proceeding which was intended to reimburse the owner for real estate taxes paid by the tenant pursuant to the provisions of the lease. The trial court held that the tenant was entitled to recover the amount of the tax from the lessor, and we affirm.

In 1957, the parties entered a lease which provided that the...

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