Nenzel v. Rochester Silver Corporation

Lower court having found relation of landlord and tenant and privity of contract did not exist could enter no judgment whatsoever. It specifically found defendants were entitled to use of water under agreement between Nenzel and Nenzel Crown Point Mining Co., rights thereunder having been assigned to defendant, and payment made. To be guilty of unlawful detainer, one must be tenant. Rev. Laws, 5588, as amended, Stats. 1917, 31.

Relation of landlord and tenant as to incorporeal hereditament cannot exist. Remedy of plaintiffs, if they had one, was in equity. Agreement was to furnish specific…