Northwestern Realty Co. v. Hardy
Wisconsin Supreme Court
Appeal from a judgment of the cireuit court for Milwaukee county: W. J. TurNer, Circuit Judge. On September 2, 1911, plaintiff entered into a written lease with the defendant, who is a practicing dentist, for a certain room in the office building owned by the plaintiff in the city of Milwaukee.
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Appeal from a judgment of the cireuit court for Milwaukee county: W. J. TurNer, Circuit Judge. On September 2, 1911, plaintiff entered into a written lease with the defendant, who is a practicing dentist, for a certain room in the office building owned by the plaintiff in the city of Milwaukee. The lease was to run for three years at an annual rental of $300, payable in instalments of $25 on the first day of each month, and contained the following clause: “The lessor is to furnish heat when required by the season, accident and unavoidable delays excepted.” After the lease was executed, by…
1Opinion of the CourtBaRNes, J.
The jury returned a general verdict for the defendant, on the theory that he had the right to vacate the premises because of the failure of the plaintiff to heat the leased rooms according to the provisions of the lease. The substantial question arising on the appeal is: Was the defendant justified in taking the action which he did í
Agreements on the part of landlords to furnish heat for their tenants are common, and there are numerous cases reported which deal with such covenants. They are not all in *326harmony, but the following propositions are supported by reason and authority:
1. A mere…
2Cases cited19 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Barrett v. BoddieIllinois Supreme Court · 1895
- Rice v. DudleySupreme Court of Alabama · 1880
- Seaboard Realty Co. v. FullerAppellate Terms of the Supreme Court of New York · 1900
- Wade v. HerndlWisconsin Supreme Court · 1906
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3Cited by6 opinions
- Conference Center Ltd. v. TRC—The Research Corp.Supreme Court of Connecticut · 1983
- Bernard Bell v. Harold Brown, Secretary, Department of DefenseCourt of Appeals for the D.C. Circuit · 1977
- Foundation Development Corp. v. Loehmann's, Inc.Arizona Supreme Court · 1990
- Harper v. McMahonWisconsin Supreme Court · 1918
- Schaaf v. NortmanWisconsin Supreme Court · 1963
1 more not listed; retrieve them via the Exa API.