Cawker v. Trimmel
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: W. J. TubNEE, Circuit Judge. In April, 1910-, plaintiffs leased tbe store known as 240-2-42 West Water street; in tbe Cawker building, together witb some space in tbe basement, to tbe defendant for tbe term of ten years, to be used as a restaurant and saloon.
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Appeal from an order of tbe circuit court for Milwaukee county: W. J. TubNEE, Circuit Judge. In April, 1910-, plaintiffs leased tbe store known as 240-2-42 West Water street; in tbe Cawker building, together witb some space in tbe basement, to tbe defendant for tbe term of ten years, to be used as a restaurant and saloon. Tbe lease contained tbe following provisions upon wbicb appellants rely on tbeir appeal: (1) “It is mutually agreed and understood that said lessee shall make no alterations in the said premises without tbe consent of tbe said lessors first bad and obtained in writing,…
1Opinion of the CourtBaeNes, J.
Appellants do not claim that the common-law action for waste would lie or that any action would lie on the facts before the court, were it not for the express covenants of the lease. But they argue thai they have the right to lease their property under such conditions as they see fit and they have the right to see that these conditions are fulfilled, no matter whether substantial damage results from their nonfulfilment or not. It may well be doubted whether a court of equity, which ordinarily grants its injunctive relief to prevent irreparable injury and damage, should or would use its remedy…
2Cases cited8 opinions
- Commonwealth v. HaydenMassachusetts Supreme Judicial Court · 1912
- Bigelow v. City CouncilMassachusetts Supreme Judicial Court · 1897
- Kresge v. Maryland Casualty Co.Wisconsin Supreme Court · 1913
- Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1899
- Brock v. DoleWisconsin Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mayer v. Texas Tire & Rubber Co.Court of Appeals of Texas · 1920
- Durante v. Consumers Filling Station Co.Wyoming Supreme Court · 1953
- James v. E. Weinstein SonsCourt of Appeals of Texas · 1927
- Chicago & North Western Railway Co. v. Public Service CommissionWisconsin Supreme Court · 1969
- Colonial Federal Savings & Loan Ass'n v. Porreca, Pennsylvania Court of Common Pleas, Philadelphia County1946
1 more not listed; retrieve them via the Exa API.