Kuhn v. Sol. Heavenrich Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ash-land county: JoiiN K. Paeish, Circuit Judge. Action by a landlord to recover $225, past-due rent, from bis tenant. Tbe leased premises consisted of tbe ground floor and part of tbe basement of a three-story building, tbe rest of the room therein being leased to various tenants, each having a specific portion thereof. There was no express covenant to keep the building or any part thereof in repair.
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Appeal from a judgment of tbe circuit court for Ash-land county: JoiiN K. Paeish, Circuit Judge. Action by a landlord to recover $225, past-due rent, from bis tenant. Tbe leased premises consisted of tbe ground floor and part of tbe basement of a three-story building, tbe rest of the room therein being leased to various tenants, each having a specific portion thereof. There was no express covenant to keep the building or any part thereof in repair. The complaint was in the usual form. Defendant admitted the indebtedness and counterclaimed for damages to the amount of $378 upon tbe following…
1Opinion of the CourtMaeshall, J.
The trial court granted the motion, supposing the common law that in the absence of an express agreement to the contrary a landlord is under no> obligation at all to his tenant to keep the leased premises in 'repair, ruled the case. Appellant contends that the rule is not universal; that it does not apply where there are several tenants in a building, each having a distinct part thereof, except as to each tenant for his particular part; that as to those portions of the building necessary for the protection or convenience of all of the tenants in the enjoyment of their respective holdings and…
2Cases cited17 opinions
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
- Purcell v. EnglishIndiana Supreme Court · 1882
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3Cited by16 opinions
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Rossow Oil Co. v. HeimanWisconsin Supreme Court · 1976
- Clark Oil & Refining Corp. v. LeistikowWisconsin Supreme Court · 1975
- Skrzypczak v. KonieczkaWisconsin Supreme Court · 1937
- Blotcky v. GahmNebraska Supreme Court · 1922
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