West Concord Milling Co. v. Hosmer
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Crosse county: J. J. Eeuit, Circuit Judge. Tliis is an action by the lessor to recover the balance of unpaid rent from the lessees.
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Appeal from a judgment of tbe circuit court for La Crosse county: J. J. Eeuit, Circuit Judge. Tliis is an action by the lessor to recover the balance of unpaid rent from the lessees. It appears and is undisputed that July 11, 1902, the plaintiff leased to the defendants the premises described, with all the buildings and appurtenances thereon, for the term of two years from August 15, 1902' with the privilege of buying at the end of the- first year for $6,200. The defendants therein agreed to pay to the plaintiff $50 on the 15th day of each month in advance for and during the full term of the…
1Opinion of the Court
The following opinion was filed April 17, 1906:
Qassoday, O. J.
Most of the findings of the jury were in. favor of the defendants.' They were to the effect that the-elevator pit was improperly constructed and leaked; that such defect was known to the plaintiff at the time of making the-lease, but was not discoverable by the exercise of ordinary care and diligence in inspecting the mill generally; that the-use of the mill was materially lessened by reason of such defect; and that the defendants had sustained damage by reason thereof in the sum of $232-. 50. But the defendants were not allowed to…
2Cases cited3 opinions
- Wood v. CrockerWisconsin Supreme Court · 1864
- Maxon v. GatesWisconsin Supreme Court · 1901
- Commercial Hotel Co. v. BrillWisconsin Supreme Court · 1905
3Cited by5 opinions
- First Wisconsin Trust Co. v. L. Wiemann Co.Wisconsin Supreme Court · 1980
- Selts Investment Co. v. Promoters of the Federated Nations of the World, Inc.Wisconsin Supreme Court · 1929
- Ross v. SmigelskiWisconsin Supreme Court · 1969
- Niesen v. EricksonCourt of Appeals for the Seventh Circuit · 1939
- Selts Investment Co. v. Promoters of the Federated Nations of the World, Inc.Wisconsin Supreme Court · 1928