Legal Opinion

Serfling v. Andrews

Wisconsin Supreme Court

Decided February 27, 1900PublishedCited by 7 opinions

Appeal from a judgment of the circuit court for Calumet county: Geo. "W. Buenell, Circuit Judge. The complaint sets out that the plaintiff wás a cheese maker; that as such he hired out to one ELolzschuh for the .season of 1898; that he leased a certain dwelling house from the defendant for one year; that he removed his household effects from Sheboygan to Sherwood, in Calumet county, hut the defendant refused to give him possession of the rented premises; that he was unable…

Read the full summary

Appeal from a judgment of the circuit court for Calumet county: Geo. "W. Buenell, Circuit Judge. The complaint sets out that the plaintiff wás a cheese maker; that as such he hired out to one ELolzschuh for the .season of 1898; that he leased a certain dwelling house from the defendant for one year; that he removed his household effects from Sheboygan to Sherwood, in Calumet county, hut the defendant refused to give him possession of the rented premises; that he was unable to secure another house, and -was compelled to cancel his contract of hiring .and remove elsewhere; and that he suffered…

1Opinion of the CourtBaedeeN, J.

The court seems to have proceeded upon, an entirely erroneous idea as to the rule of damages applicable to this case. The complaint merely sets out the making of the lease, the plaintiff’s business, a hiring out to Holzschuh for the season of 1898, a removal from Sheboygan to Calumet county, a failure of defendant to deliver possession of the leased premises, his inability to secure another house, a consequent cancellation of his contract of hiring, and a general allegation of damage. It is not alleged that defendant ever had any knowledge of plaintiff’s business or of the contract of hiring.…

2Cases cited9 opinions

  1. Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
  2. Poposkey v. MunkwitzWisconsin Supreme Court · 1887
  3. Sprout v. CrowleyWisconsin Supreme Court · 1872
  4. Spaulding v. StubbingsWisconsin Supreme Court · 1893
  5. Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Kellogg v. MalickWisconsin Supreme Court · 1905
  2. Langley v. SanbornWisconsin Supreme Court · 1908
  3. Foss v. HeinemanWisconsin Supreme Court · 1910
  4. Sullivan v. SullivanWisconsin Supreme Court · 1904
  5. Russell v. OlsonNorth Dakota Supreme Court · 1911

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API