Molter v. Spencer
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Keno-sha county: E. B. Belden, Circuit Judge. Unlawful detainer. Plaintiffs were the owners of premises located at No. 456 Grover street in the city of Kenosha.
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Appeal from a judgment of the circuit court for Keno-sha county: E. B. Belden, Circuit Judge. Unlawful detainer. Plaintiffs were the owners of premises located at No. 456 Grover street in the city of Kenosha. On the 25th day of August, 1919, the premises were rented to the defendant and the following receipt for the first month’s rent given: “1919. “Received from H. M. Spencer twenty-five dollars, for rent of second fiat at 456 Grover street from 8/25 to 9/25, 1919.” The defendant paid the rent each month thereafter. On the 25th day of February, 1920, the plaintiff served upon the defendant a…
1Opinion of the CourtRosenberry, J.
It is not disputed that the tenancy was a tenancy from month to month and could be terminated only in the manner prescribed by law for the termination of such tenancies. Sec. 2183, Stats. The defendant endeavors to draw a distinction between tenancies at will and sufferance and periodic tenancies. While a tenancy at will or at sufferance was, at common law, a different thing than a periodic tenancy, our statute requiring the landlord to give notice in writing has operated to remove the distinction between the two tenancies, and the words “tenancy at will,” used in sec. 2183, include periodic…
2Cases cited2 opinions
- Sutherland v. DroletWisconsin Supreme Court · 1913
- Minard v. BurtisWisconsin Supreme Court · 1892
3Cited by3 opinions
- Scheuer & Tiegs, Inc. v. BenedictWisconsin Supreme Court · 1921
- Hartnip v. FieldsWisconsin Supreme Court · 1945
- State Ex Rel. Milwaukee Electric Tool Corp. v. River Realty Co.Wisconsin Supreme Court · 1946