Hunter v. Hathaway
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: OeREN T. Williams, Judge. Some time in the month of June, 1895, defendant, desiring to take up his residence in Wauwatosa, applied to areal-estate agent (Sanford) to find him a house. Plaintiff, having a vacant house, had requested Sanford to find her a tenant.' Sanford, on June lYth, wrote Hathaway: “I saw the Moor family. They will rent house for five years as is at $18.00 per month.
Read the full summary
Appeal from a judgment of the superior court of Milwaukee county: OeREN T. Williams, Judge. Some time in the month of June, 1895, defendant, desiring to take up his residence in Wauwatosa, applied to areal-estate agent (Sanford) to find him a house. Plaintiff, having a vacant house, had requested Sanford to find her a tenant.' Sanford, on June lYth, wrote Hathaway: “I saw the Moor family. They will rent house for five years as is at $18.00 per month. If they add any more repairs and c., they will ask more rent. They will set a price when they hear what is wanted to be done to the property.…
1Opinion of the CourtDodge, J.
The counterclaim in this case was obviously grounded on contract. It alleged an agreement substantially in accord with the letter from Sanford to Hathaway, and we construe it as unchanged in this respect by the amendment permitted on the trial alleging that prior to making the lease certain false statements were knowingly made by plaintiff and relied on by defendant. It would not have been proper, under the circumstances, for the court to have permitted an amendment changing the cause of action from contract to tort. Kewaunee Co. v. Decker, 34 Wis. 378; Kruschke v. Stefan, 83 Wis. 373. And…
2Cases cited7 opinions
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Moulton v. KershawWisconsin Supreme Court · 1884
- Lawrence v. DaleNew York Court of Chancery · 1817
- Renard v. . SampsonNew York Court of Appeals · 1855
- Cooper v. CleghornWisconsin Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pines v. PerssionWisconsin Supreme Court · 1961
- Francis H. Leggett & Co. v. West Salem Canning Co.Wisconsin Supreme Court · 1914
- Shaft v. CareyWisconsin Supreme Court · 1902
- Koch v. HustisWisconsin Supreme Court · 1902
- Goldman v. DievesWisconsin Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.