Nelson v. Nelson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Grant county: George Clementson, Circuit Judge. On the 10th day of February, 1915, William Nelson executed a lease to Christine Nelson and Carl T. Oss by which he leased to them certain lands in Grant county, “to have and to hold the same for the term of one year from date, to be used for agricultural purposes.”
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Appeal from a judgment of the circuit court for Grant county: George Clementson, Circuit Judge. On the 10th day of February, 1915, William Nelson executed a lease to Christine Nelson and Carl T. Oss by which he leased to them certain lands in Grant county, “to have and to hold the same for the term of one year from date, to be used for agricultural purposes.” The lease was in the usual form, and on the margin thereof occurred the following provision; “It is further agreed and made a part of this contract that at the option of the party of the first part or the party of the second part this…
1Opinion of the CourtOwen, J.
The plaintiff contends that from February 10, 1916, to February 10, 1917, defendants were tenants from year to year, under the statute, resulting from a holding *117over after their term under the lease had expired. The defendants claim that they were holding over under the lease. The character of their possession, as to whether they were tenants holding over under the statute or tenants under the lease, is the principal question to be considered. This involves, first, a construction of the marginal clause appearing on the lease in the following words:
“It is further agreed and made a part of this…
2Cases cited1 opinion
- Peehl v. BumbalekWisconsin Supreme Court · 1898
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- Glenn v. BaconCalifornia Court of Appeal · 1927
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