Deuster v. Mittag
Wisconsin Supreme Court
Appeals from a judgment of the superior court of Milwaukee county: Geo. E. Sutheeland, Judge. Action to recover rent on a lease of land with a stable thereon in the city of Milwaukee.
Read the full summary
Appeals from a judgment of the superior court of Milwaukee county: Geo. E. Sutheeland, Judge. Action to recover rent on a lease of land with a stable thereon in the city of Milwaukee. The complaint states, in effect, that, defendant being a tenant under plaintiff from year to year of the leased premises, it was agreed that the annual rental of $1,100 should be advanced to $1,200 at the commencement of the ensuing year, January 1, 1892; that ■defendant commenced paying rent at the new rate in accordance therewith and continued to so pay without objection till September, 1896, when he refused…
1Opinion of the CourtMaeshall, J.
On defendant’s appeal the main question raised is, Did the trial court rightly decide that defendant waived the obligation of plaintiff to remodel the barn, so that it did not affect the relations between the parties after the expiration of 1892 ? That must be answered in the affirmative. Looking at defendant’s evidence in the most favorable light it will reasonably bear, the improvement was to be made as early as practicable during 1892. The sworn answer of defendant is to that effect. Therefore, the agree*462ment was fully breached by plaintiff at the end of the first-year. No reason appears by…
2Cases cited7 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Gill v. RiceWisconsin Supreme Court · 1861
- Hubbard v. HaleyWisconsin Supreme Court · 1897
- Flanders v. CottrellWisconsin Supreme Court · 1875
- Forcy v. LeonardWisconsin Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lynder v. SS Kresge CompanyMichigan Supreme Court · 1951
- Herboth v. American Radiator Co.Missouri Court of Appeals · 1909
- Richard Paul, Inc. v. Union Improvement Co.District Court, D. Delaware · 1945
- Rule v. J. L. Gates Land Co.Wisconsin Supreme Court · 1904