147 Minn. 149 | Minn. | 1920
Proceedings in forcible entry and unlawful detainer, in which plaintiff had judgment and defendants appealed.
“That the lessee will not keep or allow any liquors or beverage of any intoxicating nature or tendency, kept or tolerated on said premises, nor any gambling, or other immoral practices,” together with the reservation that “as a part of the consideration the lessor reserves the right to cancel this lease in the event the lessor decides to erect'a new building upon said premises, by giving said lessee sixty (60) days notice.”
And in support of the general allegation of wrongful detention of the premises by defendants the complaint further alleges: (1) A default in the payment of the stipulated rent; (2) a violation of the conditions of the lease by permitting immoral practices upon the premises, and (3) that the lessor determined to construct a new building upon the premises and had exercised the option reserved by the provision of the lease above quoted, by giving notice of the cancelation thereof.
Both defendants appeared and interposed pleas of not guilty.
The trial court found that there was default in the payment of rent, which had not been removed up to the time of trial, and that defendants had permitted “immoral practices” upon the premises in violation of the terms of the lease, but made no finding on the question of the cancelation of the lease under the rebuilding stipulation, though the evidence would have justified such a finding. No request for a finding thereon was made, and that feature of the case is not therefore involved at this time and is passed without further mention.
The assignments of error challenge the findings to the effect that defendants permitted immoral practices upon the premises, but in no other respect. The default in the payment of rent stands conceded on the record, and that necessarily will require an affirmance of the judgment, whether the findings so challenged are sustained or not. But defendants claim that, under the provisions of chapter 428, p. 634, Laws 1917, G. S. 1917 Supp. § 6807, they have the right to pay the delinquent rent at any time before the possession of the premises is given to plaintiff in
The leased property consisted in a store building, known as 127 South Fourth street in the city of Minneapolis, and was leased to defendants for the period of three years. It appears from the lease that defendants were to conduct a book-store therein, and that fact was known to and understood by the lessor. The character of the books to be kept on sale was not specified, but, knowing the general use to which the premises were to be put, the lessor necessarily was charged with notice that such books and literature would be kept for sale therein as usually may be found in stores or shops of that kind; a variety of general and miscellaneous books, pamphlets and magazines.
The finding that defendants permitted “immoral practices to be carried on in said premises/’ was founded on evidence tending to show that certain of the books kept for sale by defendants were- of an immoral nature ; books and pamphlets advocating and urging disloyalty to the government, and books and pamphlets, treating of matrimony and kindred social relations, which are claimed to be highly immoral and subversive of the best interests of society.
The presence of this class of literature in the stock carried by defendants is not disputed; it was kept on display and for sale to the trade, and was sold to whomsoever applied as purchaser.
Defendants contend in support of the appeal: (1) That the books and pamphlets complained of are not immoral, and properly viewed and understood contain nothing upon which to base a characterization to that effect; and (2)- whether construed as immoral or not, that a purpose to restrict and prohibit a sale thereof upon the leased premises was not within the contemplation of the parties in entering into the contract, and that a sale or keeping for sale thereon does not constitute “immoral practices” within the meaning of that expression as embodied in the lease.
In view of this conclusion we refrain from a discussion of the much mooted question as to which of the rapidly accumulating collection of books and pamphlets, on sale generally to the public, even those involved in this action, condemned on the one hand as highly immoral and lauded on the other by persons of the same standard in society as educational and useful, may as a matter of law be declared indecent and immoral.
Judgment affirmed.