Logourl black
From our private database of 14,000+ case briefs...

Baehr v. Penn-O-Tex Oil Corp.

Minnesota Supreme Court
104 N.W.2d 661 (1960)


Facts

E.J. Baehr (plaintiff) leased several gas stations to Kemp. Kemp assigned his accounts receivable from the gas stations to Penn-O-Tex Oil Corporation (Penn-O-Tex Oil) (defendant), which then began managing the finances of the gas stations. On December 28, 1955, Kemp informed Baehr that Penn-O-Tex Oil controlled Kemp’s assets. Baehr, who was out of town at the time, thereafter wrote to Penn-O-Tex Oil to demand rent and implied he would sue. In a subsequent phone conversation, Penn-O-Tex Oil told Baehr it would pay him the rent owed. The rent was not paid as promised. In April or May 1956, Baehr returned from out of town and promptly consulted a lawyer. On July 10, 1956, Baehr brought suit against Penn-O-Tex Oil for unpaid rents on grounds that Penn-O-Tex Oil had contracted to pay Baehr rent. Although the jury found in favor of Baehr, the district court granted Penn-O-Tex Oil’s judgment notwithstanding the verdict. Baehr appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Loevinger, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 202,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.