Lovejoy v. McCarty
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: CHARLES Smith, Judge. On the 23d day of January, 1893, plaintiff, by written lease, let to the defendant McCarty certain buildings in the city of Superior, Wisconsin, for the term of three years, at an annual rent of $1,500, payable in monthly instalments of $125 each. The lease contained a prohibition against assigning or underletting without written consent of the lessor.
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Appeal from a judgment of the superior court of Douglas county: CHARLES Smith, Judge. On the 23d day of January, 1893, plaintiff, by written lease, let to the defendant McCarty certain buildings in the city of Superior, Wisconsin, for the term of three years, at an annual rent of $1,500, payable in monthly instalments of $125 each. The lease contained a prohibition against assigning or underletting without written consent of the lessor. After the lessee had occupied the premises under the lease for a considerable length of time, he sold or contracted to sell his business; and desiring to have…
1Opinion of the Court
Ma-r.bttat,t., J.
It is contended by appellant’s counsel that the trial court erred in directing a verdict for the respondent, because there was evidence from which the jury might have found facts sufficient to operate as a cancellation of the lease as to McOw’ty. Sec. 2302, R. S., provides that “no estate or interest in lands . . . shall be . . . surrendered, . . . unless by act or operation of law, or by •deed or conveyance in writing, subscribed by the party - . . surrendering the same, or by his lawful agent, thereunto authorized by writing.”
It is not claimed that there was a written…
2Cases cited8 opinions
- Telford v. FrostWisconsin Supreme Court · 1890
- Kneeland v. SchmidtWisconsin Supreme Court · 1890
- Rees v. LowySupreme Court of Minnesota · 1894
- Goldsmith v. DarlingWisconsin Supreme Court · 1896
- Bailey v. WellsWisconsin Supreme Court · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Powell v. JonesIndiana Court of Appeals · 1912
- Neelen v. Wells Building Co.Wisconsin Supreme Court · 1921
- Hogue v. Farmers' Mutual Fire Insurance Co.Wisconsin Supreme Court · 1903
- Wilcox v. ScallonWisconsin Supreme Court · 1910