Peehl v. Bumbalek
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. The facts of the case are stated in the opinion. They argued, among other things, that the original lease provided for no annual rental, but only for the payment of certain sums each month, and did not, therefore, create a tenancy from year to year, but merely one from month to month, and a holding over could not create a tenancy of a different kind.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. The facts of the case are stated in the opinion. They argued, among other things, that the original lease provided for no annual rental, but only for the payment of certain sums each month, and did not, therefore, create a tenancy from year to year, but merely one from month to month, and a holding over could not create a tenancy of a different kind. Brown v. Kayser, 60 Wis. 1; Jaolcson v. Bradt, 2 Caines, 169; Rich v. Bolton, 46 Yt. 64; Slcaggs v. Kllcus, 45 Cal. 154; Blumenlierg v. Myers, 32 id. 93;…
1Opinion of the CourtCassoday, C. J.
July J, 1891, the plaintiffs leased to the defendants the premises described for the term of two years from August 1, 1891; the defendants “yielding and paying, therefor the annual rent of $360, to be paid in even and, equal portions on the 1st of every month, up to May 1,1893, then $35 per month for store up to the end of the lease,. 1893. The small house in rear is $7 per month from May 1,1892.” The lease also contained this clause: “This lease is for two years from August 1,1891, with privilege of three-more if all are agreed, up to 1896.” The defendants enteredi into possession of the…
2Cases cited3 opinions
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Brown v. KayserWisconsin Supreme Court · 1884
- Bumbalek v. PeehlWisconsin Supreme Court · 1897
3Cited by11 opinions
- Andrews v. Marshall Creamery Co.Supreme Court of Iowa · 1902
- Starr v. HolckMichigan Supreme Court · 1947
- Miller v. Albany Lodge No. 206Court of Appeals of Kentucky · 1916
- Last v. PuehlerWisconsin Supreme Court · 1963
- C. Callahan Co. v. MichaelIndiana Court of Appeals · 1910
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