Benedict v. Barling
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. The case is sufficiently stated in the opinion. The defend* ants appeal from a judgment for plaintiff for the full amount of rent claimed, with interest and costs. To the point that the existence and character of a way by necessity depends upon the facts and circumstances in view of which both parties acted in making the lease, they cited Lyman v. Babcoclc, 40 Wis. 511; Allen v. Lee, 1 Ind. 58; 8. O. 48 Am.
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APPEAL from the Superior Court of Milwaukee County. The case is sufficiently stated in the opinion. The defend* ants appeal from a judgment for plaintiff for the full amount of rent claimed, with interest and costs. To the point that the existence and character of a way by necessity depends upon the facts and circumstances in view of which both parties acted in making the lease, they cited Lyman v. Babcoclc, 40 Wis. 511; Allen v. Lee, 1 Ind. 58; 8. O. 48 Am. Dec. 354; London v. Riggs, 37 Eng. Rep. 1; 8. G. 13 Ch. Div. 798; Elphinstone, Interp. of Deeds, pp. 185-201; Halligcm v. Wade, 21 111.…
1Opinion of the CourtCole, C. J.
The plaintiff leased from the owner a five-story building with a basement, situated on the northwest corner of Grand avenue and Fourth street in the city of Milwaukee. He sublet the first floor and a fourth part of the basement thereunder to the defendants for a term of one year from August 15, 1887, at an anuual rental of $5,000, to be paid quarterly in advance, with a privilege *553of a four-years lease upon tbe same terms and conditions. The building was in the course of erection when the der fendants took the lease. The exterior walls were completed, but the interior was unfinished, except…
2Cases cited2 opinions
- Dillman v. HoffmanWisconsin Supreme Court · 1875
- Jarstadt v. SmithWisconsin Supreme Court · 1881
3Cited by6 opinions
- Eagle Rock Corp. v. Idamont Hotel Co.Idaho Supreme Court · 1938
- Miller v. HoeschlerWisconsin Supreme Court · 1905
- Backhausen v. MayerWisconsin Supreme Court · 1931
- Dolan v. HubingerSupreme Court of Iowa · 1899
- Frank C. Schilling Co. v. DetryWisconsin Supreme Court · 1930
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