Minnesota Supreme Court, 1921

Griebe v. Hagen

Griebe v. Hagen
Minnesota Supreme Court · Decided July 8, 1921 · Duberl
149 Minn. 399; 184 N.W. 19; 1921 Minn. LEXIS 681 (Minnesota Reports)

Counsel

William O. McNelly, for appellant., F. B. Allen, for respondent.

Can I rely on this case?

Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1927, among the opinions in this site’s citation index.

Not a substitute for Shepard’s or KeyCite — verify before relying.

See our Terms of Use before relying on these notes. Report an error

Griebe v. Hagen

Cases that cite this one

1 later published case cites this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Duberl, J.

This is an action to recover rent accruing on a farm lease. There was a verdict for substantially the amount claimed. The defendant appeals from the order denying his motion for a new trial.

The amount of the accrued rent was not in dispute. The defendant counterclaimed for damages resulting from the failure of the plaintiff to build a machine shed, whereby he suffered damages in the sum of $300; for his failure to furnish a suitable house or room for Ms cream separator, whereby he suffered damage in the sum of $50; for his failure to repair the house, whereby he suffered damages in the sum of $100,' and for his failure to sow 40 acres in clover, whereby he suffered damages in the sum of $250. These items aggregated $700. The defendant alleged that by reason of the specified defaults of the plaintiff the rental value of the premises was diminished $700. This was the amount which he claimed in his counterclaim. He offered evidence as to the diminished rental value. The fact of a default, except in a minor particular, was denied, and the amount of damages was in issue.

No special damages were pleaded. If recovered they must be pleaded and proved. 1 Dunnell, Minn. Dig. and 1916 Supp. § 2581. The proper measure of general damages for a failure to make improvements or to repair, is that stated in the defendant’s counterclaim — diminished rental value. Long v. Gieriet, 57 Minn. 278, 59 N. W. 194; Warren v. Hodges, 137 Minn. 389, 163 N. W. 739. The question of the recovery of special damages in particular cases recently had thorough consideration in Force v. Gottwald, supra, page 268, 183 N. W. 356. The court submitted the rental value measure without objection or subsequent complaint. The finding of the jury is sustained.

Order affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.