Legal Opinion

Kollock v. Scribner

Wisconsin Supreme Court

Decided December 10, 1897PublishedCited by 38 opinions

Appeals from orders of the circuit court for Dane county: E. G. SiebeoKee, Circuit Judge. On the 1st day of April, 1886, Wiley S. Scribner leased to the plaintiff the premises described in the complaint, for the term of ten years from that day, “ with the privilege of a renewal.”

Read the full summary

Appeals from orders of the circuit court for Dane county: E. G. SiebeoKee, Circuit Judge. On the 1st day of April, 1886, Wiley S. Scribner leased to the plaintiff the premises described in the complaint, for the term of ten years from that day, “ with the privilege of a renewal.” Since that time, up to the commencement of this action, plaintiff occupied the premises under said lease, and performed all the conditions thereof on his part to be performed. , Subsequent to the making of the lease the lessor died and defendant Mary L‘. Scribner became the owner of the property by descent, under the…

1Opinion of the Court

Mx:rsha.ll, J.

Upon the appeal of the plaintiff we are first called upon to determine whether the agreement to renew the lease was void for -uncertainty. On that subject Laird v. Boyle, 2 Wis. 431, is cited by defendant Scribner, where the court said, in substance, that a general agreement for a renewal, no time or. terms being stated, is void for uncertainty. That appears to be a clear adjudication of the' question before us. It will not do to ignore it by saying it is mere obiter. True, there was another ground upon which the case was decided, whicíi was plain and decisive, but the decision…

2Cases cited16 opinions

  1. Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
  2. Tracy v. . Albany Exchange Co.New York Court of Appeals · 1852
  3. Abeel & Abeel v. RadcliffNew York Supreme Court · 1816
  4. W. Trans. Co. of Buffalo v. . LansingNew York Court of Appeals · 1872
  5. New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.New York Supreme Court · 1895

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

3Cited by38 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Mathews v. SniggsSupreme Court of Oklahoma · 1919
  3. Clark v. DuncansonSupreme Court of Oklahoma · 1920
  4. Andrews v. Marshall Creamery Co.Supreme Court of Iowa · 1902
  5. Quinn v. ValiquetteSupreme Court of Vermont · 1908

33 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