Commercial Hotel Co. v. Brill
Wisconsin Supreme Court
ArPEAT, from a judgment of tlie circuit court for Outa-gamie county: Johw Goodlabtd, Circuit Judge. Plaintiff, a corporation, brings this action to recover the •sum of $-170, rent due under a lease, and the sum of $125 for waste and injury to the premises held by the defendant Brill, as lessee.
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ArPEAT, from a judgment of tlie circuit court for Outa-gamie county: Johw Goodlabtd, Circuit Judge. Plaintiff, a corporation, brings this action to recover the •sum of $-170, rent due under a lease, and the sum of $125 for waste and injury to the premises held by the defendant Brill, as lessee. About November 1, 1897, the plaintiff and the defendant Brill entered into a leasing contract, whereby plaintiff, as owner, leased to defendant Brill the hotel property described in the lease, situated in the city of Appleton, Wisconsin, for the term of five years from the 1st day of January, 1898, at…
1Opinion of the CourtSiebeckee, J.
Appellant contends that the court erred in its finding that there was a surrender of the hotel premises by the defendant Brill, as lessee, on December 9, 1899, when Eenn and Ashauer took possession. It is not claimed that there was a surrender in writing as required by the statute, but it is claimed that there was a surrender by operation of law, in that the lessee (Brill) actually surrendered possession of the premises to plaintiff by turning them over at the request and direction of plaintiff’s secretary and agent to Eenn and Ashauer, who had leased them from plaintiff. Such circumstances…
2Cases cited3 opinions
- Kneeland v. SchmidtWisconsin Supreme Court · 1890
- Goldsmith v. DarlingWisconsin Supreme Court · 1896
- Witman v. WatryWisconsin Supreme Court · 1872
3Cited by6 opinions
- In re Sherwoods, Inc.Court of Appeals for the Second Circuit · 1913
- Jenkins v. RootSupreme Court of Pennsylvania · 1920
- Exeter Co. v. Samuel Martin, Ltd.Washington Supreme Court · 1940
- Furbush v. Consolidated Patrons' of the Farmers Mutual InsuranceSupreme Court of Iowa · 1908
- Washoe County Bank v. CampbellNevada Supreme Court · 1917
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