Palmer v. City Livery Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: O. B. Wyman, Circuit Judge. The plaintiffs are the owners of a livery barn in the city of La Crosse. The defendant occupied the barn under a lease. Rent became in arrear. The plaintiffs made demand for its payment or the surrender of the premises. The defendant neither paid the rent nor surrendered the premises.
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Appeal from a judgment of the circuit court for La Crosse county: O. B. Wyman, Circuit Judge. The plaintiffs are the owners of a livery barn in the city of La Crosse. The defendant occupied the barn under a lease. Rent became in arrear. The plaintiffs made demand for its payment or the surrender of the premises. The defendant neither paid the rent nor surrendered the premises. The plaintiffs brought suit for the possession, and obtained judgment for possession of the premises. The defendant •appealed to the circuit court, and gave the undertaking required by R. S. sec. 3368, to stay…
1Opinion of the Court
NuwMAN, J*.
The question is whether the receipt of the. rent by the plaintiffs was, in the circumstances, a waiver of their right to insist on the forfeiture of the lease. It is the settled law, no doubt, that the landlord who, with knowledge of the breach of the condition of a lease for which he has a right of re-entry, receives rent which accrues subsequently, waives the breach, and cannot afterwards insist on the forfeiture. Gomber v. Hackett, 6 Wis. 323; Conger v. Duryee, 90 N. Y. 594. This is on the ground that the landlord has an election. He may choose whether he will declare the lease…
2Cases cited2 opinions
- Conger v. . DuryeeNew York Court of Appeals · 1882
- Gomber v. HackettWisconsin Supreme Court · 1858
3Cited by19 opinions
- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- Vintaloro v. PappasIllinois Supreme Court · 1923
- Medley v. Trenton Investment Co.Wisconsin Supreme Court · 1931
- Winder v. . MartinSupreme Court of North Carolina · 1922
- Missouri, O. & G. Ry. Co. v. MillerSupreme Court of Oklahoma · 1915
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