Legal Opinion

Copeland v. Goldsmith

Wisconsin Supreme Court

Decided September 20, 1898PublishedCited by 5 opinions

Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Sutheelaitd, Judge. Plaintiffs rented offices of defendant, in tfie Goldsmith Building, in Milwaukee, for a term of five years from May 1, 1893. The offices fronted on Wisconsin street. The rent was fixed at $1,011.25 per annum, being at the rate of $1.25 per square foot. The lease was under seal.

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Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Sutheelaitd, Judge. Plaintiffs rented offices of defendant, in tfie Goldsmith Building, in Milwaukee, for a term of five years from May 1, 1893. The offices fronted on Wisconsin street. The rent was fixed at $1,011.25 per annum, being at the rate of $1.25 per square foot. The lease was under seal. Among its provisions were the following: “It is hereby understood and agreed that in case the lessor should, during the term of this lease, rent any office on . . . the Wisconsin . . . street front at a less rate than now…

1Opinion of the CourtBardeen, J.

The ruling of the trial court was manifestly correct upon two grounds:

1. Contracts will always be construed to give effect to the entire subject matter, in accordance with the obvious .intention of the parties. The real point to be attained is to ascertain the meaning and understanding of the parties, as *440shown by the language used, when applied to the subject matter. Under the terms of their lease, plaintiffs were to-pay rent in advance, at an agreed rate. If, during the term of the lease, the lessor should rent any office on the Wisconsin street front for a less sum than plaintiffs were…

2Cases cited1 opinion

  1. Cross v. ButtonWisconsin Supreme Court · 1856

3Cited by5 opinions

  1. Carley v. Liberty Hat Manufacturing Co.Supreme Court of New Jersey · 1911
  2. Harvey v. WeisbaumCalifornia Supreme Court · 1911
  3. Lieberthal v. MontgomeryMichigan Supreme Court · 1899
  4. Smith v. J. Weingarten, Inc.Court of Appeals of Texas · 1938
  5. Smith v. J. Weingarten, Inc.Court of Appeals of Texas · 1938

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