Newhall-House Stock Co. v. Flint & Pere Marquette Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action for rent. The complaint was, in substance, that on or about May 1,1878, plaintiff leased to defendant one-half of an office, known as “Office No. 5,” in the Newhall House block, in the city of Milwaukee for the term of one year, at the annual rent of $325; that defendant agreed to pay said rent in equal portions on the first day of each month, the first payment to be made on the first of June; and that, after demand,…
Read the full summary
APPEAL from the County Court of Milwaukee County. Action for rent. The complaint was, in substance, that on or about May 1,1878, plaintiff leased to defendant one-half of an office, known as “Office No. 5,” in the Newhall House block, in the city of Milwaukee for the term of one year, at the annual rent of $325; that defendant agreed to pay said rent in equal portions on the first day of each month, the first payment to be made on the first of June; and that, after demand, it had failed to pay the rent which became due on the first days of July, August and September, 1878, amounting to…
1Opinion of the Court
EyaN, 0. J.
Tbe only exceptions taken are to tbe findings of tbe court below.
In support of these tbe point is made here, that there was a variance between tbe contract pleaded and tbe contract proved. It was not pretended in tbe court below that the appellant was misled to its prejudice, and tbe variance must be disregarded here. E. S., sec. 2669; Russell v. Loomis, 43 Wis., 545; Delaplaine v. Turnley, 44 Wis., 31.
Another point relied on here is tbe nonjoinder of a proper defendant. This avails nothing on answer in bar. It could be taken advantage of only by answer in abatement. Markoe v.…
2Cases cited6 opinions
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Delaplaine v. TurnletWisconsin Supreme Court · 1878
- Plath v. BraunsdorffWisconsin Supreme Court · 1876
- Board of Supervisors v. Van StralenWisconsin Supreme Court · 1878
- Russell & Co. v. LoomisWisconsin Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rainsford v. MassengaleWyoming Supreme Court · 1894