Malick v. Kellogg
Wisconsin Supreme Court
Appeal from an order of the circuit court for Portage county: Chas. M. Webb, Circuit Judge. This is an action of unlawful entry and detainer brought to remove tenants'for failure to pay rent.
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Appeal from an order of the circuit court for Portage county: Chas. M. Webb, Circuit Judge. This is an action of unlawful entry and detainer brought to remove tenants'for failure to pay rent. The complaint alleges the leasing by written lease of a farm of several hundred acres by the plaintiff to the defendants for a term of five years from April 22, 1901, upon a rental of $1.25 per montli per head of milch cows and sixty-two and one half cents per month per head for heifers kept by the defendants upon the farm, payable at the end of each month. The complaint also alleges the default for…
1Opinion of the CourtWinslow, J.
While the answer contains no specific admissions that the defendants are in possession of the demised premises, and while it does contain a denial of all allegations of the complaint not therein admitted, we think that, applying reasonable rules of construction, its allegations must be construed as admitting possession of the premises. The making of the lease is admitted, and the defense is based, not on the ground that possession was not delivered, hut on the sole ground that the plaintiff has failed to perform certain agreements or conditions which were to be performed after possession was…
2Cases cited3 opinions
- Phillips v. Port Townsend Lodge, No. 6Washington Supreme Court · 1894
- Peterson v. KreugerSupreme Court of Minnesota · 1897
- Miller v. LarsonWisconsin Supreme Court · 1864
3Cited by7 opinions
- Kellogg v. MalickWisconsin Supreme Court · 1905
- Rossow Oil Co. v. HeimanWisconsin Supreme Court · 1976
- Wolf Co. v. KutchWisconsin Supreme Court · 1911
- Clark Oil & Refining Corp. v. LeistikowWisconsin Supreme Court · 1975
- Scalzo v. AndersonWisconsin Supreme Court · 1979
2 more not listed; retrieve them via the Exa API.