Colclough v. Carpeles
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNsoh, Circuit Judge. This is an action upon a certain instrument claimed to be a lease, to recover two monthly instalments of rent alleged to have become due thereon for the months ending the 15th of March and loth of April, 1892, and remaining unpaid, as and for rent for the factory building described in the written agreement made an exhibit to the complaint.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNsoh, Circuit Judge. This is an action upon a certain instrument claimed to be a lease, to recover two monthly instalments of rent alleged to have become due thereon for the months ending the 15th of March and loth of April, 1892, and remaining unpaid, as and for rent for the factory building described in the written agreement made an exhibit to the complaint. The answer of the defendant, was, in substance, a general denial. The material parts of the agreement, dated October 12, 1891, are that the 'plaintiff “hereby…
1Opinion of the CourtPikNey, J.
1. The contention of the defendant’s counsel is that the instrument on which the action is founded is not a lease; that although rent is reserved by it and agreed to be paid by the defendant, and it contains words of present demise, and there is nothing to show that the parties contemplated the execution of any other or further instrument on the subject, still there is no certain time expressed when it shall commence, nor is it made contingent upon the happening of any certain event; and therefore it is said that it is invalid, as a lease, for uncertainty. The general rule is stated to be…
2Cases cited6 opinions
- Becar v. . FluesNew York Court of Appeals · 1876
- Trull v. . GrangerNew York Court of Appeals · 1853
- Jackson v. DelacroixNew York Supreme Court · 1829
- People on rel. Ward v. KelseyNew York Supreme Court · 1862
- Shaw v. FarnsworthMassachusetts Supreme Judicial Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McLeod v. Hennepin County Savings BankSupreme Court of Minnesota · 1920
- Idalia Realty & Development Co. v. NormanSupreme Court of Missouri · 1911
- Rohan v. ProctorCalifornia Court of Appeal · 1923
- Imperial Water Co. v. CameronCalifornia Court of Appeal · 1924
- Hammond v. BartonWisconsin Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.