Legal Opinion

Imler v. Baenish

Wisconsin Supreme Court

Decided October 15, 1889Published

APPEAL from, the Circuit Court for Manitowoo County. Action to recover rent and liquidated damages for failure to perform a lease. The facts 'ar@ stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff.

1Opinion of the CourtObton, J.

The appellant leased the respondent’s farm the 1st day of April, 1S86, for five years, at an annual rent of $80 a year, to be paid in equal parts on the 1st day of January and the 1st day of March. It was stipulated that if either party should fail to perform the lease on his part, he should pay to the other party $25 as liquidated damages. The respondent’s complaint is for the recovery of $40 for the last half year’s rent of the first year, and $25, the liquidated damages for the appellant’s failure to perform. The appellant’s answer denies this cause of action, and counterclaims for $25…

2Cases cited3 opinions

  1. Winterfield v. StaussWisconsin Supreme Court · 1869
  2. Leonard v. BurgessWisconsin Supreme Court · 1862
  3. Webb v. SeekinsWisconsin Supreme Court · 1884

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