Poposkey v. Munkwitz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Mifotxmhee County. The action is by a lessee against his lessor for failure of tbe latter to give the lessee possession of the leased premises according to the covenants in the lease.
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APPEAL from the Circuit Court for Mifotxmhee County. The action is by a lessee against his lessor for failure of tbe latter to give the lessee possession of the leased premises according to the covenants in the lease. Under date of October 22, 1884, the parties executed an indenture of lease, in and by which the defendant leased to the plaintiff his store, No. 411 Broadway in the city of Milwaukee, from November 15, 1884, to May 1, 1890, at a yearly rent therein reserved, and therein covenanted that, on paying such rent and performing the conditions contained in such lease to be performed by…
1Opinion of the CourtLyoN, J.
This action was brought to recover damages for the failure of the defendant to put the plaintiff in the possession of the store No. 411 Broadway, Milwaukee, leased by the former to the latter, at the time stipulated' in the lease as the commencement of the term. It is substantially an action for a breach of the covenant for quiet enjoyment .contained in the lease. 1 Tayl. Landl. & Ten. § 309. This appeal presents for determination the question, What is the true rule of damages for a breach of that covenant in *327that case, in view of the facts proved and offered to be proved therein?
The rule is…
2Cases cited19 opinions
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Chapman v. KirbyIllinois Supreme Court · 1868
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Green v. WilliamsIllinois Supreme Court · 1867
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
14 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Gross v. HeckertWisconsin Supreme Court · 1904
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
- Friedland v. . MyersNew York Court of Appeals · 1893
- Kelley, Maus & Co. v. La Crosse Carriage Co.Wisconsin Supreme Court · 1903
34 more not listed; retrieve them via the Exa API.