Sizer v. Clark
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eond du Lac county: Michael BÚRWaet, Circuit Judge. This action was commenced April 17, 1900, by the plaintiff’s testatrix, Susan IT. Sizer, to remove the defendant from certain premises described, on the ground that he was wrongfully holding possession thereof after the expiration of the lease under which he entered into such possession.
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Appeal from a judgment of the circuit court for Eond du Lac county: Michael BÚRWaet, Circuit Judge. This action was commenced April 17, 1900, by the plaintiff’s testatrix, Susan IT. Sizer, to remove the defendant from certain premises described, on the ground that he was wrongfully holding possession thereof after the expiration of the lease under which he entered into such possession. It appears, and is undisputed, that March 2, 1891, Susan H. Sizer’s grantor, R. B. Sizer, then the owner of the premises, made a lease in writing of the same to the defendant for the term of one year from April…
1Opinion of the Court
Cassoday, O. J.
It is conceded that the lease was extended, as therein provided, to April 1, 1900. By the terms of the optional contract therein contained, the lessor, E. J. Sizer, thereby agreed that in case the defendant “should . . . wish to buy” the premises, at any time during the period of the lease, or the extension thereof, for $3,000, he would sell and deliver the same to him, free and clear of all debts and taxes, for the aforesaid price of $3,000 cash.
The first, eighth, tenth, and eleventh findings of the jury were made by the direction of the court, and the consent of counsel, and…
2Cases cited14 opinions
- Telford v. FrostWisconsin Supreme Court · 1890
- Wall v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1893
- Williamson v. NeevesWisconsin Supreme Court · 1897
- Lamson v. ClarksonMassachusetts Supreme Judicial Court · 1873
- Peterson v. ChaseWisconsin Supreme Court · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Smith v. BanghamCalifornia Supreme Court · 1909
- Horgan v. RussellNorth Dakota Supreme Court · 1913
- Shubert Theatrical Co. v. RathCourt of Appeals for the Second Circuit · 1921
- Frank v. Stratford-HandcockWyoming Supreme Court · 1904
- Bratt v. PetersonWisconsin Supreme Court · 1966
13 more not listed; retrieve them via the Exa API.