Gilbert v. Loberg
Wisconsin Supreme Court
APPEAL from the Circuit Court for Shawano County. The complaint in this action has been before this court upon demurrer, and is reported in 83 Wis. 189. The first count in the complaint states a cause of action by a landlord against his tenants, under ch. 136, E. S., for waste in removing a barn from the demised premises, and claims double damages therefor.
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APPEAL from the Circuit Court for Shawano County. The complaint in this action has been before this court upon demurrer, and is reported in 83 Wis. 189. The first count in the complaint states a cause of action by a landlord against his tenants, under ch. 136, E. S., for waste in removing a barn from the demised premises, and claims double damages therefor. The answer contains a counterclaim for the conversion by plaintiff of an ice box and ice pan which defendants, during their tenancy, placed temporarily in a. building on the demised premises, and which it is alleged the plaintiff prevented…
1Opinion of the Court
"WiNslow, J.
The first question is whether, in an action by a landlord against his tenants for waste upon the demised premises, the tenants can counterclaim for the value of personal property which they have placed on the premises during their tenancy, and which the landlord has converted by preventing them from removing it. We think *663this is a proper subject of counterclaim. The statute (R. S. sec. 2656) allows the defendant to plead as a counterclaim “ a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of plaintiff’s ■claim, or connected…
2Cases cited2 opinions
- Vilas v. MasonWisconsin Supreme Court · 1870
- Jarvis v. McBrideWisconsin Supreme Court · 1864
3Cited by5 opinions
- Scott v. WaggonerMontana Supreme Court · 1914
- Turk v. PageSupreme Court of Oklahoma · 1918
- Pelton v. PowellWisconsin Supreme Court · 1897
- Alliance Elevator Co. v. WellsWisconsin Supreme Court · 1896
- Collins v. MorrisonWisconsin Supreme Court · 1895