TROLLEN v. CITY OF WABASHA

No. 49627.

287 N.W.2d 645 (1979)

James W. TROLLEN, d.b.a. Trollen Marine, Respondent, v. CITY OF WABASHA, Appellant.

Supreme Court of Minnesota.

December 28, 1979.


Attorney(s) appearing for the Case

Gartner, Burkhardt, Shulman & Ekstrand and Peter D. Ekstrand, Wabasha, for appellant.

VanEps & Gilmore, Warren P. Eustis, and Andrew T. Shern, Minneapolis, for respondent.

Heard before OTIS, ROGOSHESKE, and WAHL, JJ., and considered and decided by the court en banc.


ROGOSHESKE, Justice.

Defendant lessor, City of Wabasha, appeals from an order of the district court denying its alternative post-trial motion in an action commenced by lessee, James W. Trollen, for declaratory judgment. The principal issue raised is whether the trial court erred by concluding that equity relieved the lessee from strict compliance with a lease provision requiring that notice to extend the lease be given 6 months prior to the termination of the rental...

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