Raynor v. Valentin Blatz Brewing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. This was an action by the lessee of real estate against his lessor for damages for alleged breach of the covenants of a lease. It appears that about April 1, 1895, the defendant leased to the plaintiff for one year a building in the city of Milwaukee, known as the “ People’s Theater,” to he used as a theater and saloon, at a rental of $200 per month.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. This was an action by the lessee of real estate against his lessor for damages for alleged breach of the covenants of a lease. It appears that about April 1, 1895, the defendant leased to the plaintiff for one year a building in the city of Milwaukee, known as the “ People’s Theater,” to he used as a theater and saloon, at a rental of $200 per month. The plaintiff had been in possession of the theater for several years previously, and this last lease was an oral lease for a year only. The rent for…
1Opinion of the CourtWinslow, J.
The verdict in this case justifies the judgment for the plaintiff, and we have discovered no substantial error in the case save upon the question of the .measure of damages. This was undoubtedly a case within the rules laid down in Poposkey v. Munkwitz, 68 Wis. 322, where the law authorizes the recovery of anticipated profits of a business as damages. The loss of such profits in the present case must clearly have been within the contemplation of the parties, and they are not too remote or conjectural, and are capable of being ascertained with reasonable certainty, because the plaintiff had…
2Cases cited1 opinion
- Poposkey v. MunkwitzWisconsin Supreme Court · 1887
3Cited by9 opinions
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- Young v. StevensonSupreme Court of Arkansas · 1905
- Edward E. Gillen Co. v. John H. Parker Co.Wisconsin Supreme Court · 1919
- Force v. GottwaldSupreme Court of Minnesota · 1921
- Miller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913
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