Wertheimer v. Saunders
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock •county: JohN R. BeNNEtt, Circuit Judge. This was an action against "the defendants for carelessly .and negligently removing a portion of the roof of a certain building in Edgerton, "Wisconsin, known as the Edgerton Tobacco Factory, leased by them to the plaintiff, whereby ■a large quantity of leaf tobacco owned by the plaintiff was exposed to the elements, and was greatly damaged by being wet in a rain storm, rendering it…
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Appeal from a judgment of the circuit court for Rock •county: JohN R. BeNNEtt, Circuit Judge. This was an action against "the defendants for carelessly .and negligently removing a portion of the roof of a certain building in Edgerton, "Wisconsin, known as the Edgerton Tobacco Factory, leased by them to the plaintiff, whereby ■a large quantity of leaf tobacco owned by the plaintiff was exposed to the elements, and was greatly damaged by being wet in a rain storm, rendering it necessary to re-handle and re-sort the tobacco, and purchase new cases for it; and other special damages were: claimed…
1Opinion of the CourtPiNney, J.
There was no stipulation in the lease from the defendants to the plaintiff requiring them to make repairs upon the building, or to put a new roof thereon; and any promise to do so, founded merely on the relation of the parties, and not one of the conditions of the lease, would be without consideration, and for that reason would create no liability. But it is very well settled that, although a gratuitous contract of that kind would not be binding, the lessors (defendants), having seen fit to treat it as binding, or to repair the roof, or to put a new one on the building, and having *578actually…
2Cases cited9 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Gill v. MiddletonMassachusetts Supreme Judicial Court · 1870
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
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- Prescott v. Le ConteAppellate Division of the Supreme Court of the State of New York · 1903
- Peerless Manufacturing Co. v. BagleyMichigan Supreme Court · 1901
- Rhoades v. SeidelMichigan Supreme Court · 1905
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