Wade v. Herndl
Wisconsin Supreme Court
'Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. By a lease executed and delivered on October 14, 1901, plaintiff leased defendant, from that time until May 1, 1903, “in the city of Milwaukee, . .- . one large front room, . . . to be occupied for an art studio and for no other purpose whatever,” at a rental of $18 per month.
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'Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. By a lease executed and delivered on October 14, 1901, plaintiff leased defendant, from that time until May 1, 1903, “in the city of Milwaukee, . .- . one large front room, . . . to be occupied for an art studio and for no other purpose whatever,” at a rental of $18 per month. Defendant paid the rent up to and including the month of December, 1902. Plaintiff sets up two causes of action, the first being for the unpaid rent for the months of 1903 which is due under the lease, and for a second cause of…
1Opinion of the CourtSibbecKER, J.
The law governing the rights and liabilities of landlord and tenant, in cases wherein the tenant asserts eviction from the premises, is that actual expulsion is not necessary, but that any act of the landlord or of any one who acts under authority or legal right given him by the landlord which so disturbs the tenant’s enjoyment of the premises as to render them unfit for occupancy for the purposes for which they are leased, is an eviction, and, whenever it takes place, the tenant is released from the obligation under the lease to pay rent accruing thereafter. Halligan v. Wade, 21 Ill. 470;…
2Cases cited3 opinions
- Halligan v. WadeIllinois Supreme Court · 1859
- Pridgeon v. Excelsior Boat ClubMichigan Supreme Court · 1887
- Silber v. LarkinWisconsin Supreme Court · 1896
3Cited by25 opinions
- Buck v. MuellerOregon Supreme Court · 1960
- Wausau Underwriters Insurance v. Dane CountyCourt of Appeals of Wisconsin · 1987
- First Wisconsin Trust Co. v. L. Wiemann Co.Wisconsin Supreme Court · 1980
- Mann v. ThompsonDistrict Court of Appeal of Florida · 1960
- Chung v. Louie Fong Co.Washington Supreme Court · 1924
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