Silber v. Larkin
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. Action for damages for an alleged eviction of plaintiff by Charles IT. Larkin, deceased, from a store building occupied by plaintiff under a lease from said Charles II. Larkin, before the expiration of the term of such lease. The action was commenced against the deceased. He died thereafter, and the cause was duly revived against the defendants as his personal representatives.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. Action for damages for an alleged eviction of plaintiff by Charles IT. Larkin, deceased, from a store building occupied by plaintiff under a lease from said Charles II. Larkin, before the expiration of the term of such lease. The action was commenced against the deceased. He died thereafter, and the cause was duly revived against the defendants as his personal representatives. He owned buildings surrounding the building in question. Desiring to erect a new building on the premises, for the purpose…
1Opinion of the CourtMarshall, J.
The law governing the subject of this action may be briefly stated as follows: An actual expulsion from leased premises is not necessary to constitute an eviction. Any act on the part of the landlord which so interferes with the tenant’s possession of the leased premises as to unfit them for the purposes for which they were leased, and render them uninhabitable for such purposes, and compel the abandonment thereof, constitutes an eviction. Leadbeater v. Roth, 25 Ill. 587; Hoeveler v. Fleming & Co. 91 Pa. St. 322; Royce v. Guggenheim, 106 Mass. 201; Sherman v. Williams, 113 Mass. 481. Such an…
2Cases cited4 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Sherman v. WilliamsMassachusetts Supreme Judicial Court · 1873
- Leadbeater v. RothIllinois Supreme Court · 1861
- Mechelke v. BramerWisconsin Supreme Court · 1883
3Cited by11 opinions
- Talbott v. EnglishIndiana Supreme Court · 1901
- Wausau Underwriters Insurance v. Dane CountyCourt of Appeals of Wisconsin · 1987
- Wade v. HerndlWisconsin Supreme Court · 1906
- Mitsakos v. MorrillMassachusetts Supreme Judicial Court · 1921
- Hannan v. HarperWisconsin Supreme Court · 1926
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