Gimbel Bros. v. Milwaukee Boston Store
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county; E. 0. Esci-iweileR, Circuit Judge. Certain real estate in what is now the city of Milwaukee-was platted in 1835. Block 69 was shown on the plat as in the diagram on page 491. Spring street as shown on this plat is now Grand avenue-The alleys shown therein were twenty feet in width. The plaintiff is lessee of the west half of lots 1 and' 4 and of all of lots 5 and 8, together with the buildings thereon.
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Appeal from a judgment of the circuit court for Milwaukee county; E. 0. Esci-iweileR, Circuit Judge. Certain real estate in what is now the city of Milwaukee-was platted in 1835. Block 69 was shown on the plat as in the diagram on page 491. Spring street as shown on this plat is now Grand avenue-The alleys shown therein were twenty feet in width. The plaintiff is lessee of the west half of lots 1 and' 4 and of all of lots 5 and 8, together with the buildings thereon. The plaintiff’s lease extends to July, 1922. It also has an option from the lessor to purchase the premises which it occupies.…
1Opinion of the CourtBarnes, J.
When this action was begun the plaintiffs lease still bad substantially eight years to run. Plaintiff also had an option to purchase during the life of the lease, which had not been taken advantage of up to the time the action was tried. The court found that the value or usefulness of the plaintiff’s interest in the premises described in the complaint had not been materially diminished or affected by the vacation or closing of the westerly 150 feet of the east and west alley. The court also found that the plaintiff was occupying the east half of the north half of the north and south alley…
2Cases cited14 opinions
- Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
- Brande v. GraceMassachusetts Supreme Judicial Court · 1891
- Gray v. Manhattan Railway Co.New York Court of Appeals · 1891
- Methodist Episcopal Society v. AkersMassachusetts Supreme Judicial Court · 1897
- City of Springfield v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Forest County v. GoodeWisconsin Supreme Court · 1998
- McKinnon v. BenedictWisconsin Supreme Court · 1968
- State v. MautheWisconsin Supreme Court · 1985
- Muscoda Bridge Co. v. Worden-Allen Co.Wisconsin Supreme Court · 1928
- Shearer v. CongdonWisconsin Supreme Court · 1964
8 more not listed; retrieve them via the Exa API.