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SHELL OIL CO. v. KAPLER

No. 35,584.

235 Minn. 292 (1951)

SHELL OIL COMPANY v. GEORGE R. KAPLER AND OTHERS.

Supreme Court of Minnesota.

December 21, 1951.

Attorney(s) appearing for the Case

Morley, Cant, Taylor, Haverstock & Beardsley and Franklin D. Gray, for appellant.

T.H. Wangensteen, for respondents George R. and Frances E. Kapler.

Frank E. Clinite, for respondent Mildred Brabetz, also known as Mildred G. Brabetz.

MATSON, JUSTICE.

Appeal from an order granting a new trial.

Defendants and William F. Brabetz, now deceased, as owners of a gasoline service station in Minneapolis, on April 24, 1939, entered into an agreement with the Shell Oil Company, Inc., whereby they leased the service station to the latter for a term of five years commencing September 16, 1940. Subsequently the lease was renewed for an additional five-year term expiring September 15, 1950. In 1949,...

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