BERG v. WILEY

No. 45031.

226 N.W.2d 904 (1975)

Kathleen BERG, et al., Respondents, v. Rodney A. WILEY, et al., Defendants, Wiley Enterprises, Inc., and Marvel A. Weinand, Appellants.

Supreme Court of Minnesota.

March 7, 1975.


Attorney(s) appearing for the Case

Leonard, Street & Deinard and Allen I. Saeks, Lowell J. Noteboom and David C. Zalk, Minneapolis, Meyer, Nelson & Miller and Gary J. Meyer, Robbinsdale, for appellants.

Larson & Mannikko and Robert P. Larson, Wayzata, for respondents.

Heard before SHERAN, C. J., and KELLY and YETKA, JJ., and considered and decided by the court en banc.


YETKA, Justice.

Plaintiffs, Kathleen Berg and Family Affair Restaurant, Inc.,1 brought an unlawful detainer action under Minn.St. 566.02, et seq., in Hennepin County Municipal Court, seeking to regain possession of certain real estate2 originally leased by defendant Wiley Enterprises, Inc.,3 to Phillip Berg, who later assigned the lease to Kathleen Berg. Following trial before the...

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