Winterfield v. Cream City of Brewing Company
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: E. N. Austot, Judge. Action was commenced by plaintiff against one Joseph Scheer, as principal, and the Cream City Brewing Company, as surety, for unpaid rent upon what is known as the Hotel Eagle, in the city of Milwaukee. The cause was tried by a referee.
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Appeal from a judgment of the superior court of Milwaukee county: E. N. Austot, Judge. Action was commenced by plaintiff against one Joseph Scheer, as principal, and the Cream City Brewing Company, as surety, for unpaid rent upon what is known as the Hotel Eagle, in the city of Milwaukee. The cause was tried by a referee. The referee found that plaintiff had leased the hotel in question to Scheer for the term of three years at an agreed rental of $120 per month, payable monthly in advance; that the defendant company gave a written guar■anty for the payment of such rent; that the purpose of…
1Opinion of the CourtNewMAN, J.
Some question is made whether, the due execution of a contract of guaranty by the defendant the Cream City Brewing Company is sufficiently proved. This question is entirely irrelevant, as the issue made by the pleadings involved no such question. The complaint alleges that the defendant the Cream City Brewing Company, by an instrument in writing duly executed, did agree with the plaintiff “ that, if •default should be made by the said Joseph Scheer in the payment of any of the aforesaid rent which he . . . promised to pay in said lease, . . . that it, the said Cream City Brewing Company,…
2Cases cited7 opinions
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- North Hudson Mutual Building & Loan Ass'n v. First National BankWisconsin Supreme Court · 1891
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