Harper v. McMahon
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. J. Turher, Circuit Judge. Action begun in the civil court to recover a balance of rent due on the lease of a flat, vacated by defendant because he claimed adequate heat was not furnished as provided for in the lease. Defendant rented the flat in August, 1913; paid rent till the 1st day of March, 1914, and vacated it the latter part of February of that year.
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Appeal from a judgment of the circuit court for Milwaukee county: W. J. Turher, Circuit Judge. Action begun in the civil court to recover a balance of rent due on the lease of a flat, vacated by defendant because he claimed adequate heat was not furnished as provided for in the lease. Defendant rented the flat in August, 1913; paid rent till the 1st day of March, 1914, and vacated it the latter part of February of that year. The civil judge found as facts “that from and after the third week in December of the year 1913 the said plaintiff failed and neglected to furnish heat to the said…
1Opinion of the CourtVinje, J.
The learned circuit judge must have proceeded upon an erroneous idea of what constitutes an eviction by reason of lack of heat in reaching the conclusion that there was no breach of the lease in this case because of deficient heating. He says in his opinion, “There is testimony that the apartment was cold upon occasions, but I do not think it justifies the conclusion that it was continuously cold so as to make it not habitable.” A dwelling need not be continuously cold in order to be uninhabitable within the meaning of a *390lease agreeing to furnish, heat in a city apartment. Under snch an…
2Cases cited3 opinions
- Pabst Brewing Co. v. Milwaukee Lithographing Co.Wisconsin Supreme Court · 1914
- Mechanical Appliance Co. v. A. Kieckhefer Elevator Co.Wisconsin Supreme Court · 1916
- Northwestern Realty Co. v. HardyWisconsin Supreme Court · 1915
3Cited by5 opinions
- Rauch v. BensmanWisconsin Supreme Court · 1929
- Schaaf v. NortmanWisconsin Supreme Court · 1963
- Conan v. AllynWisconsin Supreme Court · 1932
- Wald v. MittenWisconsin Supreme Court · 1938
- Weil-McLain Co. v. Maryland Casualty Co.Wisconsin Supreme Court · 1935