Mondt v. Sexter Realty Co., 293 N.W.2d 376 (Minn. 1980). · Go Syfert
Mondt v. Sexter Realty Co., 293 N.W.2d 376 (Minn. 1980). Cases Citing This Book View Copy Cite
5 citation events (2 in the last 25 years) across 2 distinct courts.
Cited for
At page 377 “limited to ‘products of the soil’ or things ‘produced by and grown upon land”2 citing cases1 citing court quotes it
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Gordon Eugene MONDT Et Al., Respondents,
v.
SEXTER REALTY COMPANY Et Al., Appellants
50186.
Supreme Court of Minnesota.
May 23, 1980.
Published opinion
293 N.W.2d 376
1980 Minn. LEXIS 1416
Corrick & Wood and John W. Wood, Jr., Robbinsdale, for appellants., Cloutier, Musech, Dobis & Johnston and Cortlen G. Cloutier, Minneapolis, for respondents.
Otis, Todd, Yetka.
Cited by 2 opinions  |  Published
OTIS, Justice.

Defendant Sexter Realty Co. converted personal property of plaintiff when defendant changed the locks on plaintiffs’ house prior to cancellation of a contract for deed under which plaintiffs were purchasing the house. The trial court held defendants liable for a total of $4,190, of which $3,600 were treble damages under Minn.Stat. § 548.05 (1978), for the conversion of plaintiffs’ furniture, toys, clothing, and other[*377] household items. Defendants appealed on the grounds that the statute was improperly applied and that the evidence was insufficient to support the verdict. We affirm in part and reverse in part.

Unless it can be shown “that he had probable cause to believe that such property was his own, or was owned by the person for whom he acted,” Minn.Stat. § 548.05 (1978) allows treble damages to be assessed against “[w]hoever shall carry away, use or destroy any wood, timber, lumber, hay, grass, or other personal property of another person, without lawful authority [to do so] * * In Berg v. Baldwin, 31 Minn. 541, 18 N.W. 821 (1884) we noted the highly penal nature of the statute and interpreted the phrase “other personal property” to be limited to “products of the soil” or things “produced by and grown upon land.” Id. at 542-43, 18 N.W. at 822. None of the personal property involved in this case is a product of the soil within the meaning of Berg v. Baldwin which we decline to overrule. The award of treble damages is therefore reversed and is reduced to $1,200.

We have reviewed the record and find the evidence sufficient to support the findings of the trial court.

Affirmed in part, reversed in part, with no costs assessed against either party.