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UNIVERSITY COMMUNITY PROP. v. NEW RIVERSIDE

No. 48778.

268 N.W.2d 573 (1978)

UNIVERSITY COMMUNITY PROPERTIES, et al., Appellants, v. NEW RIVERSIDE CAFE, Respondent, John Doe, et al., Defendants.

Supreme Court of Minnesota.

June 30, 1978.

Attorney(s) appearing for the Case

Oppenheimer, Wolff, Foster, Shepard & Donnelly and William P. Studer and Mark C. Peterson, St. Paul, for appellants.

MacPherson, Norton & Gaut, and Roderick MacPherson, III, Minneapolis, for respondents and defendants.

Heard before PETERSON, TODD, and SCOTT, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

This appeal arises from an unlawful detainer action brought by plaintiffs, Cedar Riverside Land Company and its management agent, University Community Properties, Inc., against the New Riverside Cafe (the cafe), Cedar Riverside Land Company's subtenant under an oral month-to-month lease. After a trial in municipal court, the jury returned a special verdict rejecting the cafe's defenses for nonpayment of rent. The trial court held, however, that...

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