Klas v. Kuehl
Wisconsin Supreme Court
Appeal from a judgment of the county court of Dodge county: C. W. LamoREux, Judge. This action was brought upon a written contract entered into between the parties for the leasing of a farm and division of product. Under the terms of this lease the plaintiff was to work the defendant’s farm of 282 acres upon shares, plaintiff to have one third and the defendant two thirds.
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Appeal from a judgment of the county court of Dodge county: C. W. LamoREux, Judge. This action was brought upon a written contract entered into between the parties for the leasing of a farm and division of product. Under the terms of this lease the plaintiff was to work the defendant’s farm of 282 acres upon shares, plaintiff to have one third and the defendant two thirds. The plaintiff claims that the defendant breached the lease by collecting money on sales of produce and refusing to pay plaintiff his'portion; and further that the defendant took certain personal property and increase of…
1Opinion of the CourtKeRwin, J.
1. The defendant moved for a special verdict,, which was denied and the case submitted on a general verdict. This court has repeatedly ruled that when a special verdict is seasonably demanded the party demanding it is entitled to have it submitted as a matter of right and that it is error to refuse it. Schumaker v. Heinemann, 99 Wis. 251, 74 N. W. 785; Gatzow v. Buening, 106 Wis. 1, 81 N. W. 1003; Pearson v. Kelly, 122 Wis. 660, 100 N. W. 1064; Schliesleder v. Milwaukee E. R. & L. Co. 147 Wis. 668, 134 N. W. 144; Tobin v. Nichols, 156 Wis. 235, 145 N. W. 659.
Where there are several material…
2Cases cited9 opinions
- Gatzow v. BueningWisconsin Supreme Court · 1900
- Schumaker v. HeinemannWisconsin Supreme Court · 1898
- Cook v. McCabeWisconsin Supreme Court · 1881
- Pearson v. KellyWisconsin Supreme Court · 1904
- Dudley v. DemingSupreme Court of Connecticut · 1867
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