Gomber v. Hackett
Wisconsin Supreme Court
ERROR to Milwaukee county court. Tbis was an action for forcible detainer, brought by the defendant in error, against the plaintiff in error, lessee, of certain premises, upon account of an alleged breach of the condition of the lease by the lessee, in cutting timber. The plea was “ not guilty,” and the cause was originally tried in a justice’s court on that issue and a judgment rendered therein for the plaintiff.
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ERROR to Milwaukee county court. Tbis was an action for forcible detainer, brought by the defendant in error, against the plaintiff in error, lessee, of certain premises, upon account of an alleged breach of the condition of the lease by the lessee, in cutting timber. The plea was “ not guilty,” and the cause was originally tried in a justice’s court on that issue and a judgment rendered therein for the plaintiff. Prom this judgment the defendant took an appeal to the county court of Milwaukee county, and, pending the cause in that court, the defendant obtained leave to amend, on payment of…
1Opinion of the Court
By the Court,
Cole, «T.
The rule seems to be well settled that the acceptance of rent by the landlord from the tenant, accruing due, after the forfeiture, will operate as a waiver of the breach complained of (See. 2, Platt on Leases, 468; Taylor, L. & T., Section 497. Jackson vs. Allen, 3 Cow., 229; Bleacher vs. Smith, 13 Wend., 530; Prindle vs. Anderson, 19 Id., 391; Collins vs. Canty, 6 Cush., 415; Goodrich vs. Cordwent, 6 T. R., 219, and cases there cited). In this case the answer alleges that after the commencement of the suit by Hackett to recover possession of the demised premises, for a…
2Cases cited1 opinion
- Bleecker v. SmithNew York Supreme Court · 1835
3Cited by14 opinions
- Farmers Bank & Trust Co. v. Palms Publishing Co.Supreme Court of Florida · 1923
- Palmer v. City Livery Co.Wisconsin Supreme Court · 1897
- Dahm v. Barlow & Co.Supreme Court of Alabama · 1890
- Winder v. . MartinSupreme Court of North Carolina · 1922
- Galvin v. LovellWisconsin Supreme Court · 1950
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