Toy v. Olinger
Wisconsin Supreme Court
-Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. Action to recover a balance due for- rent on a certain portion of plaintiff’s building in Milwaukee occupied by defendant for a moving-picture theater.
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-Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. Action to recover a balance due for- rent on a certain portion of plaintiff’s building in Milwaukee occupied by defendant for a moving-picture theater. The written lease provided for a. term commencing January 1,. 1917,. terminating December 31, .1919, and at an annual rental of $4,000 for two years and then $5,000. Rent was duly paid .until August. 1, 1917. . February .18, 1918, the usual form of notice to. pay the rent then- due or vacate was served, P.urr. suant to such notice the premises…
1Opinion of the Court
Eschweiler; J.
So far as the defendant’s claim to defeat the payment of rent during the period of his occupancy of the premises or as a basis fordamages is predicated upon the fact that another tenant of plaintiff furnished to his patrons a certain class of music which at times was quite out of harmony with the music being played in defendant’s theater, no sufficient showing of responsibility on the part of the plaintiff for such situation has been presented so as to make plaintiff in any wise liable.
The odor with which nature has so bountifully endowed the onion had been escaping from the…
2Cited by7 opinions
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- Thompson v. HarrisCourt of Appeals of Arizona · 1969
- Seid Pak Sing v. BarkerCalifornia Supreme Court · 1925
- Antonio v. General Outdoor Advertising Co.Supreme Court of Oklahoma · 1966
- A. H. Woods Theatre v. North American UnionAppellate Court of Illinois · 1927
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