Legal Opinion

Eldred v. Leahy

Wisconsin Supreme Court

Decided June 15, 1872PublishedCited by 13 opinions

APPEAL from the Circuit Court for Milwaukee County. The plaintiff leased to the defendant certain premises situate at the corner of Main (or Broadway) and Huron streets in the city of Milwaukee, which were used by defendant in his business as a gas fitter and manufacturer of steam beating apparatus.

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APPEAL from the Circuit Court for Milwaukee County. The plaintiff leased to the defendant certain premises situate at the corner of Main (or Broadway) and Huron streets in the city of Milwaukee, which were used by defendant in his business as a gas fitter and manufacturer of steam beating apparatus. This action was brought upon tbe lease, to recover two quarters’ rent, falling due, respectively, on tbe first days of August aud November, 1871. Tbe defense was, that at the time of the execution of the lease there was in the demised premises a basement story, which was a material part of the…

1Opinion of the Court

DixON, 0. J.

It is a point respecting which counsel seem not to differ, that for any unnecessary and wrongful disturbance and molestation of ibe tenant by his landlord, operating to interrupt, impair or.prevent tbe fall and free use and enjoyment of tbe leasehold premises by tbe tenant, tbe tenant may recoup tbe damages so caused to and sustained by him, or have tbe same deducted or allowed by way of counterclaim, in an action brought against him by tbe landlord to recover tbe rents. This seems to be a point not seriously controverted between counsel, that if tbe landlord voluntarily creates a…

2Cases cited4 opinions

  1. Mack v. . PatchinNew York Court of Appeals · 1870
  2. Hayes v. City of AppletonWisconsin Supreme Court · 1869
  3. Akerly v. VilasWisconsin Supreme Court · 1868
  4. Manville v. GayWisconsin Supreme Court · 1853

3Cited by13 opinions

  1. Headley v. HoopengarnerWest Virginia Supreme Court · 1906
  2. Koeber v. SomersWisconsin Supreme Court · 1901
  3. Jordan v. Indianapolis Water Co.Indiana Supreme Court · 1902
  4. Blatchford v. BoydenIllinois Supreme Court · 1887
  5. Stewart v. MurphySupreme Court of Kansas · 1915

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