Shaft v. Carey
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eond du Lac county: Michael Kibwah, Circuit Judge. On July 1,1897, the plaintiff leased of the defendant Oarey the saloon or bar room of the Palmer House, in the city of Fond du Lac, for the term of one year, with the privilege to' extend the same for four years longer. The lease contained a stipulation that the plaintiff was to have the exclusive right to sell liquors and cigars in the “ Palmer House Block.”
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Appeal from a judgment of the circuit court for Eond du Lac county: Michael Kibwah, Circuit Judge. On July 1,1897, the plaintiff leased of the defendant Oarey the saloon or bar room of the Palmer House, in the city of Fond du Lac, for the term of one year, with the privilege to' extend the same for four years longer. The lease contained a stipulation that the plaintiff was to have the exclusive right to sell liquors and cigars in the “ Palmer House Block.” Plaintiff went into possession, and, at the expiration of his term, gave due notice of his election for an extension. On November 12,1898,…
1Opinion of the CourtBaRdebit, J.
The plaintiff’s motion for judgment ought not to have been granted unless it can be said that every fact essential to his entire cause of action has been alleged, •and has not been put in issue by the defendants’ answers. By his complaint the plaintiff seeks to have the barricade ■erected by defendants at the rear door of his saloon'removed, •and also to restrain the sale of liquors and cigars in the so-*276called “Annex.” The first ground of relief rests upon the implied covenant of quiet enjoyment of the leased premises, and the other upon the positive covenants contained in his lease, giving…
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