Koeber v. Somers
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. On August 25, 1893, defendant leased to plaintiff for five years, at the rate of §83.33 per month, “ the certain two-story frame building known and numbered 264 "West Water street, and the real estate upon which the same is situated.” The building was a somewhat dilapidated frame building of advanced age, consisting of a store and an imperfect second story, twenty feet front.
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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. On August 25, 1893, defendant leased to plaintiff for five years, at the rate of §83.33 per month, “ the certain two-story frame building known and numbered 264 "West Water street, and the real estate upon which the same is situated.” The building was a somewhat dilapidated frame building of advanced age, consisting of a store and an imperfect second story, twenty feet front. At the time of the leasing an equally dilapidated frame building belonging to one Lange stood about sis feet south of the leased…
1Opinion of the CourtDodge, J.
Two interesting and important questions are presented which go to the ultimate question of liability and obviate necessity for considering other assignments of error which reach only to the correctness of the trial and procedure. Those questions are: First, the existence of any covenant by defendant for plaintiff’s quiet enjoyment of the. demised premises; second, the right of defendant to prove,, by testimony of plaintiff’s former attorney, the giving to him of authority to make a settlement of plaintiff’s demand,, which lie did in fact make.
1. At common law, as is elementary, from the…
2Cases cited33 opinions
- Chirac v. ReinickerSupreme Court of the United States · 1826
- Edgerton v. . PageNew York Court of Appeals · 1859
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Hurlburt v. . HurlburtNew York Court of Appeals · 1891
- In Re Proving the Will of ColemanNew York Court of Appeals · 1888
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3Cited by39 opinions
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- Collette v. SarrasinCalifornia Supreme Court · 1920
- Herman v. SchlesingerWisconsin Supreme Court · 1902
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