Nichols v. Palmer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Mcmitowoe County. On the 15th of October, 1875, plaintiff, as administratrix of Lemuel P. Nichols, deceased, executed a lease to the defendant Palmer of certain lands belonging to said estate, for a term of three years from said date, at an annual rental of $225, of which $50 were to be paid in improvements, and the remainder in two cash installments each yeai\ The first cash installment was to be paid November 10, 1875; the second October…
Read the full summary
APPEAL from the Circuit Court for Mcmitowoe County. On the 15th of October, 1875, plaintiff, as administratrix of Lemuel P. Nichols, deceased, executed a lease to the defendant Palmer of certain lands belonging to said estate, for a term of three years from said date, at an annual rental of $225, of which $50 were to be paid in improvements, and the remainder in two cash installments each yeai\ The first cash installment was to be paid November 10, 1875; the second October 16, 1876; and others on corresponding days of the successive years. Palmer executed a bond for the performance of the…
1Opinion of the CourtObtoit, J.
It is clearly apparent, from the transaction itself, that the respondent Yanderlip was a mere surety on the bond conditioned for the performance of the terms of the lease on the part of the respondent Palmer. His liability, therefore, was strict, and depended exclusively upon the failure of Palmsr to perform the conditions of the lease. It is also apparent that the lease, as such, although not formally surrendered or discharged, had been fully discharged and superseded by a new agreement between the appellant and Palmer, entered into April 19, 1877, which was the result of a full settlement…
2Cases cited2 opinions
- Smith v. LockwoodWisconsin Supreme Court · 1874
- Sage v. StrongWisconsin Supreme Court · 1876
3Cited by5 opinions
- Stephens v. ElverWisconsin Supreme Court · 1898
- Grafton v. HinkleyWisconsin Supreme Court · 1901
- Vandervest v. Kauffman Pizza, Inc.Wisconsin Supreme Court · 1973
- Gritz Harvestore, Inc. v. A.O. Smith Harvestore Products, Inc. v. L.H. Gruetzmacher, Third-PartyCourt of Appeals for the Third Circuit · 1985
- First National Bank of Monroe v. EdgertonWisconsin Supreme Court · 1882