Gadow v. Hunholz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. This is an action to recover damages for breach of a covenant against incumbrances contained in a deed from defendant to plaintiffs. On December 24, 1904, the defendant and his wife (who joined'to release her dower) conveyed by deed to the plaintiffs certain premises owned by them.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. This is an action to recover damages for breach of a covenant against incumbrances contained in a deed from defendant to plaintiffs. On December 24, 1904, the defendant and his wife (who joined'to release her dower) conveyed by deed to the plaintiffs certain premises owned by them. The deed contains the covenant “that at the time of the ensealing and delivery of these presents . . . the same [premises] are free and clear from all incumbrances whatever.” The defendant Rad obtained these premises from…
1Opinion of the CourtSiebeckee, J.
The trial court submitted to the jury only the question of damages. This necessarily implies that the court held that all other questions presented on the trial of the case involved propositions of law to be determined by the court. There is no dispute as to the reservation in the Meyer deed. The reservation is: “. . . the perpetual and exclusive privilege of harvesting, cutting, and raising ice on said premises,” and connected with this is the burden “. . . to maintain the water during the ice-cutting season as high as the fall of the dam.” There is no controversy but that this reservation…
2Cases cited12 opinions
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- Walker Ice Co. v. American Steel & Wire Co.Massachusetts Supreme Judicial Court · 1904
- Mecklem v. BlakeWisconsin Supreme Court · 1868
- Eaton v. LymanWisconsin Supreme Court · 1872
- Geiszler v. . De GraafNew York Court of Appeals · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Haase v. Kingston Co-operative Creamery Ass'nWisconsin Supreme Court · 1933
- Figliuzzi v. Carcajou Shooting Club of Lake KoshkonongWisconsin Supreme Court · 1994
- Frye v. SibbittNebraska Supreme Court · 1945
- Opinion No. Oag 19-80, (1980), Wisconsin Attorney General Reports1980
- Mid-View, Inc. v. MeehanWisconsin Supreme Court · 1966
3 more not listed; retrieve them via the Exa API.