Hammond v. Barton
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: E. B. Bundy, Judge. They contended, inter alia, that the lease, attempting as it does to fix a term of years, is void under sec. 2304, S. & B. Ann. Stats. It does not provide when or in what manner the demised room is to be completed, nor in fact that the lessor will ever complete it.
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Appeal from a judgment of the superior court of Douglas county: E. B. Bundy, Judge. They contended, inter alia, that the lease, attempting as it does to fix a term of years, is void under sec. 2304, S. & B. Ann. Stats. It does not provide when or in what manner the demised room is to be completed, nor in fact that the lessor will ever complete it. This part of the contract is so vague, indefinite, and uncertain as to what the parties really intended, as to when, if ever, the room should be completed, and as to how it was to be completed, that it must be aided in this respect by verbal…
1Opinion of the CourtCassoday, C. J.
It appears from the record that prior to March 21, 1891, the building in question, belonging to the Hammond estate, was in process of construction, and leased by the plaintiffs to one George D. Moulton, by the terms of which they leased and let to Moulton the building for the term of five years, to commence at the completion thereof \ that March 21, 1891, Moulton, as such lessee, entered into a written lease with the defendant, by the terms of which Moulton leased to the defendant a corner room on the ground floor of said building, fronting on Tower avenue and Winter street, for the term of…
2Cases cited6 opinions
- Brown v. SuttonSupreme Court of the United States · 1889
- Wall v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1893
- Seaman v. AschermannWisconsin Supreme Court · 1881
- Seaman v. AschermanWisconsin Supreme Court · 1883
- McWhinne v. MartinWisconsin Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Idalia Realty & Development Co. v. NormanSupreme Court of Missouri · 1911
- Rohan v. ProctorCalifornia Court of Appeal · 1923
- Wunsch v. DonnellyMassachusetts Supreme Judicial Court · 1939
- Imperial Water Co. v. CameronCalifornia Court of Appeal · 1924
- Thurber v. ClarkWashington Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.