Kossel v. Potratz
Wisconsin Supreme Court
Appeal from a judgment of tbe county court of Winnebago county: Feed Begliegee, Judge. . Tbis is an action to recover damages for tbe breach of a covenant in a lease. Tbe plaintiff, tbe owner and lessor of a farm situated in Winnebago county, leased it to tbe defendant under a written lease.
Read the full summary
Appeal from a judgment of tbe county court of Winnebago county: Feed Begliegee, Judge. . Tbis is an action to recover damages for tbe breach of a covenant in a lease. Tbe plaintiff, tbe owner and lessor of a farm situated in Winnebago county, leased it to tbe defendant under a written lease. Tbe tenancy commenced April 1, 1904, and was extended from time to time and terminated April 1, 1913. Tbe farm consists of about 180 acres, and it appears tbat when tbe tenancy terminated there were about forty acres having quack grass and Canada thistles thereon. Tbe covenants upon which tbe plaintiff…
1Opinion of the CourtSiebecKee, J.
The plaintiff contends that the court erred in rejecting evidence he offered to show the difference in-value of the leased premises with and without noxious weeds' thereon and in rejecting.evidence to show that the rent reserved as cash did not express the entire consideration of the contract and that destruction of noxious weeds on the premises was a material consideration for the lease. The court also received evidence over the plaintiff’s objection to the effect that defendant employed the usual methods customarily employed by farmers in his vicinity to destroy noxious weeds. The'plaintiff…
2Cited by1 opinion
- Heaton v. SmithWashington Supreme Court · 1925