Legal Opinion

Young v. Burhans

Wisconsin Supreme Court

Decided November 17, 1891PublishedCited by 6 opinions

APPEAL from the Circuit Court for Douglas County. Action by a lessee to recover damages for an alleged breach by the lessors of a covenant in the lease to level and repair the leased building.

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APPEAL from the Circuit Court for Douglas County. Action by a lessee to recover damages for an alleged breach by the lessors of a covenant in the lease to level and repair the leased building. There was a verdict in favor of the plaintiff; a motion for a new trial was denied; and from the judgment on the verdict the defendants appeal. argued, among other things, that where no time for repairs is specified, the law presumes they are to be for the benefit of the lessee, and in a reasonable time. Dunn v. Gage, 37 Ill. 19, 87 Am. "Dec. 233; Pittmcm v. Sutton, -9 Car. & P. 706; Roberts v. Brett,…

1Opinion of the CourtCole, C. J.

There is but little dispute about the material facts in this case. The plaintiff below leased of the de*440fendants certain premises in the city of Superior,— on which was a frame building that was intended for a storeroom, hotel, or restaurant,— for the term of two years, commencing August 1, 1890, at and for the agreed rent of $120 a month, the rent to be paid on the 1st day of each month, in advance. The plaintiff entered into the possession of the demised premises about the date of the lease, July 28, 1890, and paid $20 on the rent. It is alleged in the complaint that when the plaintiff…

2Cases cited3 opinions

  1. Allen v. CulverNew York Supreme Court · 1846
  2. Poposkey v. MunkwitzWisconsin Supreme Court · 1887
  3. Nichols v. Dusenbury & BaileyNew York Court of Appeals · 1849

3Cited by6 opinions

  1. Piper v. FletcherSupreme Court of Iowa · 1901
  2. Pinching v. WurdemanCourt of Appeals for the D.C. Circuit · 1926
  3. Pewaukee Milling Co. v. HowittWisconsin Supreme Court · 1893
  4. Northwestern Realty Co. v. HardyWisconsin Supreme Court · 1915
  5. Johnson v. TuckerWisconsin Supreme Court · 1908

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