Baehr v. Penn-O-Tex Oil Corp.
Minnesota Supreme Court
258 Minn. 533, 104 N.W.2d 661 (1960)
- Written by Sara Rhee, JD
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
Issue
Holding and Reasoning (Loevinger, J.)
What to do next…
Here's why 777,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 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.
