Witman v. Watry
Wisconsin Supreme Court
ERROR to the Circuit Court for Ozaulcee County. The complaint alleges that the defendant, in the year 1860, executed to one John C. Schroeling a lease of certain premises in Port Washington, for the term of five years, at a stipulated annual rent, which lease was in writing and sealed by the parties thereto; that soon after the execution of such lease, the defendant, for a valuable consideration, assigned the rent for the third year, and one half the rent for the fifth year,…
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ERROR to the Circuit Court for Ozaulcee County. The complaint alleges that the defendant, in the year 1860, executed to one John C. Schroeling a lease of certain premises in Port Washington, for the term of five years, at a stipulated annual rent, which lease was in writing and sealed by the parties thereto; that soon after the execution of such lease, the defendant, for a valuable consideration, assigned the rent for the third year, and one half the rent for the fifth year, to John Witman, the plaintiff’s testate; and that during the first year of the term created by the lease, the defendant…
1Opinion of the CourtLyoN, J.
So far as we are able to discover from the record before us, it seems that the main question in controversy is, whether the defendant acccepted a surrender of the lease or not. Any testimony offered by the plaintiff which, if received. might tend to prove such surrender, ought to have been admitted. As to what acts will constitute a valid surrender of a lease under seal, the rule extracted from the authorities is stated by Prof. Washburn as follows: “ So where, before the expiration of a lease under seal, the lessee actually surrendered possession of the premises to his lessor, who accepted…
2Cited by9 opinions
- Telford v. FrostWisconsin Supreme Court · 1890
- Kneeland v. SchmidtWisconsin Supreme Court · 1890
- Evans v. McKannaSupreme Court of Iowa · 1893
- Goldsmith v. DarlingWisconsin Supreme Court · 1896
- O'Donnell v. BrandWisconsin Supreme Court · 1893
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