Nelson v. Goddard & Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wood county: ByboN B. Paek, Circuit Judge.’ On April 14, 1913, tbe plaintiff and defendant entered into a written agreement whereby tbe defendant leased its cranberry marsh to tbe plaintiff.' Among other things the agreement provided: “That said second party [plaintiff] will, at the expiration of this agreement, or upon receiving notice of sale of the premises, promptly vacate and give up said premises. . . . “In consideration…
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Appeal from a judgment of tbe circuit court for Wood county: ByboN B. Paek, Circuit Judge.’ On April 14, 1913, tbe plaintiff and defendant entered into a written agreement whereby tbe defendant leased its cranberry marsh to tbe plaintiff.' Among other things the agreement provided: “That said second party [plaintiff] will, at the expiration of this agreement, or upon receiving notice of sale of the premises, promptly vacate and give up said premises. . . . “In consideration of all the above, said first party [defendant] hereby agrees to lease or rent to said second party the above described…
1Opinion of the CourtBarnes, J.
Four questions are involved on this appeal: (1) Was there a sale to Amundson? (2) Did plaintiff voluntarily surrender the possession of the premises? (3) Did the court properly instruct the jury as to the rule of damages that should be applied? and' (4) Are the damages recovered excessive?
In form the contract between Amundson and the defendant is a lease, containing an option under which the lessee may purchase the premises at a specified price within a prescribed period of time. If the option was taken advantage of, the sum paid for rent was to apply as a payment on the purchase price. It is…
2Cases cited18 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Nilson v. MorseWisconsin Supreme Court · 1881
- Poposkey v. MunkwitzWisconsin Supreme Court · 1887
- Cockburn v. Ashland Lumber Co.Wisconsin Supreme Court · 1882
13 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Diamond Cattle Co. v. ClarkWyoming Supreme Court · 1937
- Peters v. National Surety Co.Wisconsin Supreme Court · 1918