Berg v. Wiley Supreme Court of Minnesota, 1978. Facts: In early 1971, Berg (Plaintiff below, appellee here) took assignment of a 5-year lease from a prior lessee who had leased a building from landlord Wiley (Defendant below, appellant here), which had begun on December 1 of the prior year. Appellee operated a restaurant during the entire lease term. The lease had the following relevant covenants: that the tenant agreed to make no changes to the buildings structure without prior authorization from the landlord; and the tenant had to operate the restaurant in a lawful and prudent manner. Appellant landlord also reserved the right to repossess the property in the event that the tenant failed to meet their obligations. On June 29, 1973, appellant landlord sent a letter to appellee tenant in which it was claimed that the tenant had violated the lease provisions mentioned above due to unapproved renovations and healthcode violations. The letter gave the tenant 2 weeks to remedy the error after which time the landlord would exercise his right to repossess the property.