H. H. Camp Co. v. Pabst Brewing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge. Action to recover taxes and rent accruing under a lease made by plaintiff to Weber & Stuber and under a written agreement on the part of the Pabst Brewing Company to perform all the terms, covenants, conditions, and agreements of the lease.
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Appeal from a judgment of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge. Action to recover taxes and rent accruing under a lease made by plaintiff to Weber & Stuber and under a written agreement on the part of the Pabst Brewing Company to perform all the terms, covenants, conditions, and agreements of the lease. Plaintiff dealt in real estate and rentals and had a ninety-nine-year lease on the premises occupied by Weber & Stuber, who for many years past had conducted a saloon therein under a contract with the Pabst Brewing ■Company that its beer should be sold there…
1Opinion of the Court
The following opinion was filed July 3, 1920:
Vinje, J.
Appellant assigns as error (1) the conclusion of the court that it became, presently .rather than conditionally liable for the performance of the terms of the lease in view of the contracts between' the parties; (2) the refusal • to receive parol testimony in determining the object of the parties in executing and receiving its agreement to perform the terms of the lease and in showing the real nature of the transaction; and (3) in refusing to hold it was the .duty of plaintiff to mitigate its damages by evicting Weber &. Stuber in 1917,…
2Cases cited1 opinion
- Hammond v. Capital City Mutual Fire InsuranceWisconsin Supreme Court · 1912
3Cited by4 opinions
- Lincoln Fireproof Warehouse Co. v. GreuselWisconsin Supreme Court · 1929
- Owens v. HughesWisconsin Supreme Court · 1925
- Findorff v. Fuller & Johnson Manufacturing Co.Wisconsin Supreme Court · 1933
- Houston v. DrakeCourt of Appeals for the Ninth Circuit · 1938