Bergland v. Frawley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Claire County. In August, 1883, -the defendant M. S. Frawley purchased and acquired the title to certain real estate in the city of Eau Claire, on which was situated a building known as the “ Northwestern Hotel,” then occupied by the plaintiff, Mrs. Bergland, and used by her as a boarding-house. On September 8, in that year, Frawley leased the premises to the plaintiff, or to her and one Bostrom jointly.
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APPEAL from the Circuit Court for Eau Claire County. In August, 1883, -the defendant M. S. Frawley purchased and acquired the title to certain real estate in the city of Eau Claire, on which was situated a building known as the “ Northwestern Hotel,” then occupied by the plaintiff, Mrs. Bergland, and used by her as a boarding-house. On September 8, in that year, Frawley leased the premises to the plaintiff, or to her and one Bostrom jointly. The plaintiff paid the rent in advance, and Frawley gave her a receipt therefor in these words: “Received of 0. Bergland the sum of $300, in full for…
1Opinion of the CourtLyon, J.
The premises in question were leased for the term of four months, and that term had not expired when the defendants re-entered and took possession thereof and removed and .improved the hotel. They did so under the alleged stipulation in the lease that the plaintiff, or the plaintiff and Bostrom, should surrender the leased premises to the lessor, the defendant M. S. Frawley, whenever he desired to proceed with the contemplated improvement of the property.
Such stipulation is not a condition, which, upon re-entry by the lessor, detérmines the lease; but a covenant, the-breach of which does not…
2Cases cited6 opinions
- Rumery v. McCullochWisconsin Supreme Court · 1882
- Aschermann v. Philip Best Brewing Co.Wisconsin Supreme Court · 1878
- Farwell v. WebsterWisconsin Supreme Court · 1888
- Coleman v. DarlingWisconsin Supreme Court · 1886
- Dennison v. ReadCourt of Appeals of Kentucky · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Silver Springs, Ocala & Gulf Railroad v. Van NessSupreme Court of Florida · 1903
- Henry Rahr's Sons Co. v. BuckleyWisconsin Supreme Court · 1915
- Locke v. FaheyMassachusetts Supreme Judicial Court · 1934
- Hughes v. DonlonTennessee Supreme Court · 1923
- Shaffer v. AustinSupreme Court of Kansas · 1904