Silbar v. Ryder
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This was an action brought by a tenant to reform a three years’ lease of a store building in the city of Milwaukee. On the trial the defendant objected to the admission of any evidence under the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The objection was overruled and after a trial by the court judgment was rendered for the plaintiff for the relief demanded.
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APPEAL from the Circuit Court for Milwaukee County. This was an action brought by a tenant to reform a three years’ lease of a store building in the city of Milwaukee. On the trial the defendant objected to the admission of any evidence under the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The objection was overruled and after a trial by the court judgment was rendered for the plaintiff for the relief demanded. The defendant appealed. Other facts sufficiently appear from the opinion. They argued, inter alia, that the complaint was…
1Opinion of the CourtCole, C. J.
The objection that tbe complaint does not state facts sufficient to call for a reformation of tbe lease, we deem untenable. It is alleged in explicit language that tbe plaintiff and defendant agreed upon certain repairs and improvements which were to be made on tbe demised premises, as a condition to tbe plaintiff’s accepting a new lease and paying tbe increased rent. It is then alleged that it *108was agreed that a written lease should be drawn, by John Ryder, the husband of the defendant, which should embody all the terms of the oral agreement; that said Ryder undertook to draw the lease, and…
2Cases cited3 opinions
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- Harter v. ChristophWisconsin Supreme Court · 1873
3Cited by11 opinions
- Kelley v. WardTexas Supreme Court · 1901
- Rowell v. SmithWisconsin Supreme Court · 1905
- Parchen v. ChessmanMontana Supreme Court · 1914
- Wisconsin Marine & Fire Insurance Co. Bank v. MannWisconsin Supreme Court · 1898
- Whitmore v. HayWisconsin Supreme Court · 1893
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