Martineau v. Steele
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. This action was commenced before a justice of the peace. The plaintiff’s complaint stated that in 1856 he held a written lease from one Rycraft of certain property for the term of one year and fifteen days from the 15th of April of that year, at an annual rent of $600, to be paid in equal portions on the 15th day of July, October, January and April, the last payment to be made on the 1st of May, 1857; that on the 3d of June,…
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APPEAL from tbe County Court of Milwaukee County. This action was commenced before a justice of the peace. The plaintiff’s complaint stated that in 1856 he held a written lease from one Rycraft of certain property for the term of one year and fifteen days from the 15th of April of that year, at an annual rent of $600, to be paid in equal portions on the 15th day of July, October, January and April, the last payment to be made on the 1st of May, 1857; that on the 3d of June, 1856, he assigned the lease to the defendant, who agreed in writing to take the lease subject to its terms, and to pay…
1Opinion of the Court
By the Court,
Cole, J.
My understanding of the agreement signed by the appellant is, that he was to pay all the rent which might become due upon the lease; for he says in that writing, “ I hereby take said lease, subject to the terms of the same, agreeing to pay rent at the times specified therein." Now, by the terms of the lease, the rent was to be paid on the 15th days of July, October, January and April follow-*276mon^,s ren^ was Pa^ ^e ex“ of tbe lease. But tbe appellant took an assignment of tbe lease and possession of tbe demised premises before any of tbe rent became due. It is said to be a…
2Cited by6 opinions
- Baum v. ThomsIndiana Supreme Court · 1898
- Diefenback v. StarkWisconsin Supreme Court · 1883
- Wittman v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1881
- Lovejoy v. McCartyWisconsin Supreme Court · 1896
- Neubauer v. GabrielWisconsin Supreme Court · 1893
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