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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

University Community Properties, Inc. v. Norton, 246 N.W.2d 858 (1976)

Citation
University Community Properties, Inc. v. Norton, 246 N.W.2d 858 (1976)
Parent Document
University Community Properties, Inc. v. Norton, 246 N.W.2d 858 (1976)
Jurisdiction
Minnesota (state)
Effective Date
1976-10-29

Other Sections in This Document (45)

Full Text

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Defendants argue that landlord and tenant here intended that the covenants to pay rent and to establish a grievance procedure be dependent and cite Clark v. Clark, 164 Minn. 201, 204 N. W. 936 (1925), for the proposition that the dependence of the covenants is determined by the intent of the parties. The defendants here have not established, however, that the grievance procedure covenant was intended to modify the leases involved. Even if the parties intended the covenants to be dependent, there is no authority for finding that a breach of the covenant to establish a grievance procedure should be available as a defense in an unlawful detainer action. While this court in Fritz v. Warthen, supra,