H. H. Camp Co. v. Pabst Brewing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge. Action to recover taxes and rent accruing under a lease made by plaintiff to Weber & Stuber and under a written agreement on the part of the Pabst Brewing Company to perform all the terms, covenants, conditions, and agreements of the lease.
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Appeal from a judgment of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge. Action to recover taxes and rent accruing under a lease made by plaintiff to Weber & Stuber and under a written agreement on the part of the Pabst Brewing Company to perform all the terms, covenants, conditions, and agreements of the lease. Plaintiff dealt in real estate and rentals and had a ninety-nine-year lease on the premises occupied by Weber & Stuber, who for many years past had conducted a saloon therein under a contract with the Pabst Brewing ■Company that its beer should be sold there…
1Dissent
Oweñ, J.
(dissenting). The majority opinion construes the language upon which the liability of the Pabst Brewing Company is predicated as ah obligation in the-nature of an original undertaking on its part to pay the rent of Weber & Stuber from the date of the assignment of the. lease. With this construction I cannot agree.
A consideration of the setting in which this agreement is-found, the transaction of which it forms a part, the relation of the parties and their subsequent dealings, conclusively demonstrates to my mind that no such result was intended to' be accomplished. ' - !
In 1915 the…
2Cases cited8 opinions
- Consolidated Coal Co. v. PeersIllinois Supreme Court · 1896
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Kribbs v. . AlfordNew York Court of Appeals · 1890
- Bell v. American Protective LeagueMassachusetts Supreme Judicial Court · 1895
- Consumers' Ice Co. v. William H. H. Bixler & Co.Court of Appeals of Maryland · 1896
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