Milwaukee Boston Store v. Katz
Wisconsin Supreme Court
Appeals from a judgment of tlie circuit court for Milwaukee county: James Wickham, Judge. Suit in equity for an accounting and to quiet plaintiff's title to certain space in its store, known as the Milwaukee Boston Store, hereinafter referred to as the Boston Store„ On the 7th day of September, 1906, the plaintiff, the party of the first part, and the defendant Herman Katz, the party of the second part, entered into an agreement, of which the following, so far as this case…
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Appeals from a judgment of tlie circuit court for Milwaukee county: James Wickham, Judge. Suit in equity for an accounting and to quiet plaintiff's title to certain space in its store, known as the Milwaukee Boston Store, hereinafter referred to as the Boston Store„ On the 7th day of September, 1906, the plaintiff, the party of the first part, and the defendant Herman Katz, the party of the second part, entered into an agreement, of which the following, so far as this case is concerned, are the material parts: “Said party of the first part, in consideration of the covenants and promises…
1Opinion of the Court
The following opinion was filed April 8, 1913:
Vinje, J.
The questions raised by plaintiff’s appeal upon its cause of action are these: (1) Did plaintiff have an adequate remedy at law by an action of unlawful detainer? (2) Did the defendant incur a-forfeiture of the contract and lease by failing to report the so-called cost sales? (3) Did plaintiff waive the forfeiture? and (4) Are defendants entitled to equitable relief therefrom ?
For a proper understanding of the questions of law and fact involved in this case a brief description of the Boston Store and of its method of transacting business…
2Cases cited9 opinions
- Jordan v. Indianapolis Water Co.Indiana Supreme Court · 1902
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Monroe Water Works Co. v. City of MonroeWisconsin Supreme Court · 1901
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- Porter v. MerrillMassachusetts Supreme Judicial Court · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re Checking Account Overdraft LitigationDistrict Court, S.D. Florida · 2015
- In Re Owl Drug Co.District Court, D. Nevada · 1935
- In re Steele-Smith Dry Goods Co.District Court, S.D. Alabama · 1924
- Stratis v. McLellan Stores Co.Massachusetts Supreme Judicial Court · 1942
- Matter of Daben Corp.District Court, D. Puerto Rico · 1979
2 more not listed; retrieve them via the Exa API.