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KOSTAKES v. DALY

No. 36,603.

246 Minn. 312 (1956)

EMANUEL KOSTAKES v. JOSEPH DALY AND ANOTHER. SCHWEN ICE CREAM & CANDY COMPANY, APPELLANT.

Supreme Court of Minnesota.

February 3, 1956.

Attorney(s) appearing for the Case

Frundt & Hibbs and A.H. Clemens, for appellant.

Desmond B. Hunt, for respondent.

MURPHY, JUSTICE.

This appeal grows out of an unlawful detainer action for the restitution of certain commercial premises in the city of Rochester, Minnesota. Plaintiff claims the right to restitution by reason of a breach of condition as to use on the part of the defendant-appellant, Schwen Ice Cream & Candy Company. The suit was initially instituted in municipal court and the resulting decision for the plaintiff was...

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