Lathrop v. Millar
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: J. C. Ludwig, Judge. This is an action of unlawful detainer for the nonpayment of rent.
Read the full summary
Appeal from a judgment of the circuit court for Kenosha county: J. C. Ludwig, Judge. This is an action of unlawful detainer for the nonpayment of rent. The defendant denied that the relation of landlord and tenant existed, and alleged that he went into possession of the dwelling house in question in May, 1905, under an oral agreement with Jason Lathrop (the then owner) that he (Millar) should live in the house rent free during said Jason’s life, and have the charge and management of said Jason’s property and furnish him a room and support during his life, for all of which services Millar was…
1Opinion of the Court
WiNsnow, O. J.
The only contention made by the appellant is one of fact, namely, that the evidence does not support the court’s finding to the effect that the agreement claimed by the defendant (except that part pertaining to the monthly salary) was in fact made. Much space might be used in reviewing the evidence pro and con upon this question, but it would be mere wasted space; it must be sufficient to say that we have carefully examined the evidence and find it entirely sufficient to support the finding.
With this fact established, namely, that the defendant went into possession under an…
2Cases cited2 opinions
- Buel v. BuelWisconsin Supreme Court · 1890
- Maxham v. StewartWisconsin Supreme Court · 1907
3Cited by1 opinion
- Tower Building Co. v. AndrewWisconsin Supreme Court · 1926