Martens v. Reilly
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. Action for damages. The facts stated in the complaint are substantially as follows: John, A. Martens zxAWilliam JBeehsiein, in the fall of 1896, relying on representations made by defendant Mary J. O’Connor and corroborated by her attorney, as to her legal rights, leased of her certain lands in the city of Milwaukee, describing the same, for the term of five years at the yearly rental of…
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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. Action for damages. The facts stated in the complaint are substantially as follows: John, A. Martens zxAWilliam JBeehsiein, in the fall of 1896, relying on representations made by defendant Mary J. O’Connor and corroborated by her attorney, as to her legal rights, leased of her certain lands in the city of Milwaukee, describing the same, for the term of five years at the yearly rental of $200 and the taxes, paying $100 down upon the lease. The lease was made in writing, and in addition to the essential…
1Opinion of the Court
The following opinion was filed January 8, 1901:
Maeshall, J.
It will be seen by the foregoing that the facts upon which this case turned were established without reasonable controversy. If the law applicable thereto is in plaintiffs’ favor, clearly, under proper instructions for the guidance of the jury, the case should have been submitted to them to determine how much the defendants ought to pay as compensation for the wrong done. It seems that proper attention was not paid by the learned trial court to the law of the case as laid down by this court on the former appeal. [Martens v. O'Connor,…
2Cases cited20 opinions
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- State v. BuchananCourt of Appeals of Maryland · 1821
- Adler v. FentonSupreme Court of the United States · 1861
- Kimball v. HarmanCourt of Appeals of Maryland · 1871
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3Cited by49 opinions
- Louis Kamm, Inc. v. FlinkSupreme Court of New Jersey · 1934
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Mary Pickford Co. v. Bayly Bros., Inc.California Supreme Court · 1939
- Luke v. DuPreeSupreme Court of Georgia · 1924
- Sorenson v. Chevrolet Motor Co.Supreme Court of Minnesota · 1927
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