Griebe v. Hagen

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.