Pewaukee Milling Co. v. Howitt
Wisconsin Supreme Court
APEEAL from the Circuit Court for Waukesha, County. This action was brought on the co.venant in a lease for the payment of rent to the plaintiff by the defendant for a certain grist mill leased by the former to the latter for three years at the rate of $900 for the first year, $1,000 for the second, and $1,200 for the third year, the plaintiff K agreeing to put in a water wheel of not less than fifty horse power within ninety days from March 1, 1888, if required ” by the…
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APEEAL from the Circuit Court for Waukesha, County. This action was brought on the co.venant in a lease for the payment of rent to the plaintiff by the defendant for a certain grist mill leased by the former to the latter for three years at the rate of $900 for the first year, $1,000 for the second, and $1,200 for the third year, the plaintiff K agreeing to put in a water wheel of not less than fifty horse power within ninety days from March 1, 1888, if required ” by the lessee, the defendant. The defense by way of counterclaim was that the defendant required the wheel to be put in as…
1Opinion of the Court
PíNNey, J.
1. The meaning which appellant’s counsel contend should be given to the provision in the lease, the plaintiff agreeing to put in a water wheel of not less than fifty horse power, “ if required by the lessee,” to the effect that a formal notice that the wheel was required should have been given to the board of directors, inasmuch as it did not appear that any delegation of authority had been made to any one to receive such notice, is too narrow and technical. The defendant had a right, at his option, to have a new wheel of the described power put in the mill. The plaintiff is a…
2Cases cited11 opinions
- Myers v. . BurnsNew York Court of Appeals · 1866
- Pryor v. . FosterNew York Court of Appeals · 1891
- Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
- Cook v. . SouleNew York Court of Appeals · 1874
- Hexter v. . KnoxNew York Court of Appeals · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Gross v. HeckertWisconsin Supreme Court · 1904
- Sprecher v. Weston's Bar, Inc.Wisconsin Supreme Court · 1977
- Johnson v. Prange-Geussenhainer Co.Wisconsin Supreme Court · 1942
- Kellogg v. MalickWisconsin Supreme Court · 1905
4 more not listed; retrieve them via the Exa API.