Cole v. McKey
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. The following statement of the case was prepared by Mr. Justice Cassoday: , July 15, 1884, in pursuance of an oral agreement made about May 1, 1884, the defendant, in behalf of himself and others, constituting the McKey heirs, but in his own name, and in writing, and upon the conditions, conventions, covenants, provisos, and reservations therein contained, leased to the Peloit City Guards, by S., B., and A., the hall known as…
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APPEAL from the Circuit Court for Rock County. The following statement of the case was prepared by Mr. Justice Cassoday: , July 15, 1884, in pursuance of an oral agreement made about May 1, 1884, the defendant, in behalf of himself and others, constituting the McKey heirs, but in his own name, and in writing, and upon the conditions, conventions, covenants, provisos, and reservations therein contained, leased to the Peloit City Guards, by S., B., and A., the hall known as Armory Hall, in the third story, and three rooms in the second story fronting on State street, in the McKey block,…
1Opinion of the CourtCassoday, J.
The case at bar is clearly distinguishable from that class of cases cited where the injury is to a traveler upon a public highway or walk, and the defect complained of is either in, or in close proximity to, such highway or walk; as in Inhabitants of Milford v. Holbrook, 9 Allen, 17; Readman v. Conway, 126 Mass. 374; Brown v. Weaver, 5 Atl. Rep. 32. The rule seems to be well settled that, in the absence of any secret defect or deceit or warranty or agreement on the part of the landlord to repair, the tenant takes the leased premises in the condition they happen to be in at the time of the…
2Cases cited21 opinions
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Woods v. Naumkeag Steam Cotton Co.Massachusetts Supreme Judicial Court · 1883
- Purcell v. EnglishIndiana Supreme Court · 1882
- McAlpin v. . PowellNew York Court of Appeals · 1877
16 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Dustin v. CurtisSupreme Court of New Hampshire · 1907
- Harpel v. FallSupreme Court of Minnesota · 1896
- Jones v. MillsapsMississippi Supreme Court · 1893
- Smith v. State Ex Rel. WalshCourt of Appeals of Maryland · 1901
- Dowd v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1893
24 more not listed; retrieve them via the Exa API.