Kneeland v. Schmidt
Wisconsin Supreme Court
APPEAL- from tbe Circuit Court for Milwaukee County. Action to recover rent. Tbe facts are stated in tbe opinion. Tbe plaintiff appeals from a judgment in favor of tbe defendant. contended, inter alia, that tbe only issue was whether there was a surrender by mutual agreement, and it was error to admit evidence in relation to tbe filling of tbe premises, or permitting others to occupy tbe same, or as to a sale of a portion of tbe same. 1 Greenl.
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APPEAL- from tbe Circuit Court for Milwaukee County. Action to recover rent. Tbe facts are stated in tbe opinion. Tbe plaintiff appeals from a judgment in favor of tbe defendant. contended, inter alia, that tbe only issue was whether there was a surrender by mutual agreement, and it was error to admit evidence in relation to tbe filling of tbe premises, or permitting others to occupy tbe same, or as to a sale of a portion of tbe same. 1 Greenl. Evi. sec. 51; Johnson v. Filkington, 39 Wis. 66.. If tbe surrender was as alleged in tbe answer, by mutual agreement, parol testimony of tbe surrender…
1Opinion of the CourtTaylob, J.
This is an action to recover two months’ rent, upon a written lease of real estate. The lease was for two years and eight months, from August 1,1887. The defendant paid the rent for-one year, until August 1, 1888, and this action is to recover the rent for the months of August and September, 1888. By the terms of the lease the rent is payable in monthly instalments. The defense set up in the answer is that the lease was surrendered by the defendant in July, 1888,- and that such surrender was accepted by the plaintiff, and that upon such surrender the defendant abandoned the possession of said…
2Cases cited4 opinions
- Telford v. FrostWisconsin Supreme Court · 1890
- Baker v. PrattIllinois Supreme Court · 1854
- Hanham v. ShermanMassachusetts Supreme Judicial Court · 1873
- Witman v. WatryWisconsin Supreme Court · 1872
3Cited by22 opinions
- Hays v. GoldmanSupreme Court of Arkansas · 1903
- Carson v. ArvantesColorado Court of Appeals · 1897
- Selts Investment Co. v. Promoters of the Federated Nations of the World, Inc.Wisconsin Supreme Court · 1929
- Maxon v. GatesWisconsin Supreme Court · 1901
- Wilson v. AgnewColorado Court of Appeals · 1913
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