Munkwitz Realty & Investment Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. Tbe action is to recover for tbe use and occupation of a building in tbe city of Milwaukee from June 1, 1906, until February 1, 1907. Tbe facts are not in dispute. Tbe city owned tbe building and tbe lot on wbicb it stood prior to May 24, 1906, and used it for tbe accommodation of tbe meter department of tbe city waterworks system.
Read the full summary
Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. Tbe action is to recover for tbe use and occupation of a building in tbe city of Milwaukee from June 1, 1906, until February 1, 1907. Tbe facts are not in dispute. Tbe city owned tbe building and tbe lot on wbicb it stood prior to May 24, 1906, and used it for tbe accommodation of tbe meter department of tbe city waterworks system. On tbe last-named date tbe city sold and conveyed tbe property to tbe Light Horse Squadron Armory Association, and on tbe following day tbe grantee sold and…
1Opinion of the Court
Tbe following opinion was filed May 24, 1910:
WiNslow, O. J.
This is an action to recover for tbe use and occupation of real estate. Tbe judgment seems to have been based on tbe ground that tbe city was a trespasser during its occupancy and that tbe plaintiff bas chosen to waive *232the tort and recover upon implied contract. The difficulty with this theory is that we can discover no trespass. The authorities are numerous to the effect that where, by the laches of the grantee, a grantor holds possession after his conveyance he holds as a tenant at sufferance. 1 Washb. Real Prop. (6th ed.) § 826; 18…
2Cases cited10 opinions
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Preston v. . HawleyNew York Court of Appeals · 1886
- Appleton Waterworks Co. v. City of AppletonWisconsin Supreme Court · 1907
- Schwallback v. Chicago, Milwaueee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- McCormick v. HerndonWisconsin Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lindl v. OzanneCourt of Appeals of Wisconsin · 1978