Behrendt v. Rassmussen, 234 Minn. 97 (1951)

Citation: Behrendt v. Rassmussen, 234 Minn. 97 (1951)
Parent Document: Behrendt v. Rassmussen, 234 Minn. 97 (1951)
Jurisdiction: Minnesota (state)
Effective Date: 1951-04-27
Original Source: https://www.courtlistener.com/opinion/2038236/behrendt-v-rassmussen/ ↗

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istrator before a landlord could proceed. In those cases, it could be said that the tenants vacated in reliance upon a fraudulent representation by the landlord. In the instant case, plaintiffs did not rely upon the truth of the landlord’s representations. They directly challenged his claimed rights in the action for unlawful detainer. Once that action was decided in favor of the landlord, plaintiffs vacated the apartment at the expiration of the stay, not in reliance on any representation by the landlord, but because they anticipated the service of a writ of restitution following a judgment in favor of the landlord.

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