Brown v. Kayser
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The case is thus stated by Mr. Justice Cassoday: “This is an action for possession of the premises in question, against tenants holding over after the expiration of their lease.
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APPEAL from the Circuit Court for Dane County. The case is thus stated by Mr. Justice Cassoday: “This is an action for possession of the premises in question, against tenants holding over after the expiration of their lease. “September 1, 1876, the plaintiff’s testator by a lease in writing rented the premises to Kay ser and Hermanna for th© term of five years from that date, for an annual rent of $1,100 per year, payable in advance in instalments of $215 on the first days of March, June, September, and December of each year. The lease contained a stipulation to the effect that the lessees…
1Opinion of the CourtCassoday, J.
Here there was a specified annual rent stipulated for in the original lease. The same is true under the lease as modified during the last year of the term. This is one of the essential elements of a tenancy from year to year. Rich v. Bolton, 46 Vt., 84. “ If there be a lease for *6a year,” said Lord Mansfield, 0. J., “and by consent of both parties the tenant continue in possession afterwards, the law implies a tacit renovation of the contract. They are supposed to have renewed the old agreement, which was to hold for a year. But then it is necessary, for the sake of convenience, that if either…
2Cases cited19 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Reeder v. . SayreNew York Court of Appeals · 1877
- Becar v. . FluesNew York Court of Appeals · 1876
- Laughran v. . SmithNew York Court of Appeals · 1878
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Roberson v. SimonsSupreme Court of Georgia · 1899
- Hayes v. ArringtonTennessee Supreme Court · 1902
- Critchfield v. RemaleyNebraska Supreme Court · 1887
- Last v. PuehlerWisconsin Supreme Court · 1963
- Peehl v. BumbalekWisconsin Supreme Court · 1898
8 more not listed; retrieve them via the Exa API.