American Bicycle Co. v. Hoyt
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. This action was commenced December 29, 1900, to recover $250 rent alleged to be due the plaintiff upon a lease executed by the plaintiff and the defendant’s intestate, Thomas H. Hoyt, December 29, 1899, wherein and whereby the plaintiff leased to Thomas H. Hoyt the premises therein described for the term of two years from January 1, 1900, at the annual rent of $750 per year,…
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Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. This action was commenced December 29, 1900, to recover $250 rent alleged to be due the plaintiff upon a lease executed by the plaintiff and the defendant’s intestate, Thomas H. Hoyt, December 29, 1899, wherein and whereby the plaintiff leased to Thomas H. Hoyt the premises therein described for the term of two years from January 1, 1900, at the annual rent of $750 per year, to be paid in equal portions on the 1st day of each and every month, commencing on the day and year last named; and…
1Opinion of the CourtCassoday, C. J.
The decision in this case necessarily turns upon the construction to be given to the clause of the lease quoted in the foregoing statement. The court found that one of the buildings upon the leased premises was destroyed by fire. It is, in effect, conceded that such destruction by fire was “without any default or neglect of the lessee,” and that to that extent the premises became “untenantable and unfit for occupancy.”' The clause of the lease in question was applicable “in case any building” on the leased premises should be so destroyed. As applied to the facts in the case, it provides, in…
2Cases cited6 opinions
- Smith v. . KerrNew York Court of Appeals · 1888
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Roach v. PetersonSupreme Court of Minnesota · 1891
- Fleischman v. . ToplitzNew York Court of Appeals · 1892
- Kip v. . MerwinNew York Court of Appeals · 1873
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