Fergen v. Lyons
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action for specific performance. There was a general demurrer to the complaint which was overruled. The plaintiff, with some other matters not material to he stated, pleaded the following for a cause of action: Defendants Nellie Lyons, George, J. 8., Nettie, FranJc, Edward, and Charles Grady, April 1, 1914, rented their farm to the plaintiff for the term of one year.
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Appeal from an order of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action for specific performance. There was a general demurrer to the complaint which was overruled. The plaintiff, with some other matters not material to he stated, pleaded the following for a cause of action: Defendants Nellie Lyons, George, J. 8., Nettie, FranJc, Edward, and Charles Grady, April 1, 1914, rented their farm to the plaintiff for the term of one year. The lease was in writing, the body thereof being as follows: “The said party of the first part doth lease, demise and let • unto the said…
1Opinion of the CourtMaushall, J.
A covenant to renew a lease, if the terms are definitely fixed, or means are provided whereby they may be made certain by construction, is enforceable. This court considered that subject at length in Kollock v. Scribner, 98 Wis. 104, 73 N. W. 776, where the following rules were deduced from the authorities: A covenant to renew a lease calls for a new lease, — not an extension of an old one. An unqualified covenant to renew a lease calls for a new lease for the same period and upon the same terms as the original lease, except the agreement to renew. “When the agreement for a renewal contains…
2Cases cited10 opinions
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Jacobs v. SpaldingWisconsin Supreme Court · 1888
- Potter v. TaggartWisconsin Supreme Court · 1882
- Streit v. FayIllinois Supreme Court · 1907
- Holloway v. SchmidtAppellate Terms of the Supreme Court of New York · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Orr v. . Doubleday, Page Co.New York Court of Appeals · 1918
- Ratcliff v. AsprosWisconsin Supreme Court · 1948
- Matter of LampertUnited States Bankruptcy Court, W.D. Wisconsin · 1986
- Glenn v. BaconCalifornia Court of Appeal · 1927
- Seefeldt v. KeskeWisconsin Supreme Court · 1961
7 more not listed; retrieve them via the Exa API.