Goldsmith v. Darling
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. This action was brought to recover instalments of rent alleged to be due on a written lease under which defendants rented a room in' a building in the city of Milwaukee, known as the “ Goldsmith Building,” for a period of three years.
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Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. This action was brought to recover instalments of rent alleged to be due on a written lease under which defendants rented a room in' a building in the city of Milwaukee, known as the “ Goldsmith Building,” for a period of three years. Defendants admitted the execution of the lease, but alleged that they never entered into possession of the room, and that after signing the lease it was surrendered to plaintiff’s assignee, and that such assignee accepted such surrender by taking possession of the room. A…
1Opinion of the CourtMaeshall, J.
The trial court left it to the jury, on the evidence, to determine whether there was an executed verbal agreement to surrender the leased premises. The instructions which were excepted to did that, in effect, and nothing more. The exceptions to the charge of the court in this regard, now pressed upon the attention of this oourt, proceed *365upon the theory that it was error to admit evidence of a verbal agreement to surrender the rooms and lease, and error to leave it to the jury to find whether there was such verbal agreement entered into, because the surrender of a written lease cannot be…
2Cases cited4 opinions
- Telford v. FrostWisconsin Supreme Court · 1890
- Kneeland v. SchmidtWisconsin Supreme Court · 1890
- O'Donnell v. BrandWisconsin Supreme Court · 1893
- Witman v. WatryWisconsin Supreme Court · 1872
3Cited by13 opinions
- Rowell v. BarberWisconsin Supreme Court · 1910
- Slaughter v. BernardsWisconsin Supreme Court · 1897
- Maxon v. GatesWisconsin Supreme Court · 1901
- Ford v. MillerSupreme Court of Arkansas · 1921
- Commercial Hotel Co. v. BrillWisconsin Supreme Court · 1905
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