Zwietusch v. Luehring
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: OijeeN T. Williams, Circuit Judge. This action was brought to recover rent alleged to have accrued from and after August 14, 1908, to the amount of $9,000. A verdict was directed for the plaintiffs, and from a judgment entered thereon defendants appeal. ■ The lease was made between plaintiffs’ predecessors in title and one Eichard C. Kann, on November 15, 1904, for a period of ten years, at an annual rental of…
Read the full summary
Appeal from a judgment of tbe circuit court for Milwaukee county: OijeeN T. Williams, Circuit Judge. This action was brought to recover rent alleged to have accrued from and after August 14, 1908, to the amount of $9,000. A verdict was directed for the plaintiffs, and from a judgment entered thereon defendants appeal. ■ The lease was made between plaintiffs’ predecessors in title and one Eichard C. Kann, on November 15, 1904, for a period of ten years, at an annual rental of $4,000. The lease provided that the lessee might assign it, provided the assignee should at the time of the assignment…
1Opinion of the Court
*107The following opinion was filed December 9, 1913:
Baiiites, J.
The appellants insist that the judgment is erroneous for the following reasons: (1) No liability upon the covenants of the lease was ever imposed on the defendants. (2) If any such liability was imposed, it ceased when the lease was assigned to the Wonderland Amusement Oompany. (3) The lessors exercised their choice between two inconsistent remedies, by electing to hold only the International Oonstruction Oompany and its stockholders. (4) The lessors by their acts and conduct have estopped themselves from claiming any liability…
2Cases cited20 opinions
- Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
- Koepp v. National Enameling & Stamping Co.Wisconsin Supreme Court · 1912
- Swedish American National Bank of Minneapolis v. KoebernickWisconsin Supreme Court · 1908
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- Rogers v. WhitneySupreme Court of Vermont · 1917
- Mix v. City of MinneapolisSupreme Court of Minnesota · 1945
- Rural Mutual Insurance v. PetersonWisconsin Supreme Court · 1986
- Williams v. JensenWisconsin Supreme Court · 1930
9 more not listed; retrieve them via the Exa API.