Bailey v. Wells
Wisconsin Supreme Court
ERROR TO MILWAUKEE COUNTY COURT. This was an action of assumpsit, brought by Daniel Wells, Jr., against Osmond Bailey, on a parol lease, a copy of which is appended to the declaration. The declaration contains a special count on the lease, and also what is called the common counts.
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ERROR TO MILWAUKEE COUNTY COURT. This was an action of assumpsit, brought by Daniel Wells, Jr., against Osmond Bailey, on a parol lease, a copy of which is appended to the declaration. The declaration contains a special count on the lease, and also what is called the common counts. The special count sets forth, substantially, that on the 4th March, 1850, by a lease, in writing, between the plaintiff and the defendant, the plaintiff did demise and let unto the defendant, lot 1, in block 63, in the first ward of the city of Milwaukee, for the term of five years and nine months, from the 4th…
1Opinion of the Court
By the Court,
Cole, J.
Probably the various grounds of defence interposed by the plaintiff in error, in the court below, really resolve themselves into the positions stated in the brief of the counsel for the defendant in error, and we therefore think that we shall sufficiently dispose of all the questions in the case necessary to be noticed, in considering those propositions.
The positions are stated as follows:
1. That the assent, express or implied, of the lessor, to the assignment of the lease sued on, amounts in law to a release of the lessee from his obligation to pay rent.
2. That the…
2Cases cited2 opinions
- Schieffelin v. CarpenterNew York Supreme Court · 1836
- Fletcher v. M'FarlaneMassachusetts Supreme Judicial Court · 1815
3Cited by9 opinions
- Sexton v. Chicago Storage Co.Illinois Supreme Court · 1889
- Herbst v. LoweWisconsin Supreme Court · 1886
- Foley v. DwyerMichigan Supreme Court · 1900
- Jones v. BarnesMissouri Court of Appeals · 1891
- Wineman v. PhillipsMichigan Supreme Court · 1892
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