Bailie v. Rodway
Wisconsin Supreme Court
APPEAL from the County Court for Milwaukee County. On the 3d of May, 1860, one Eldred leased certain premises in the city of Milwaukee to the plaintiff, for five years, by deed of indenture which contained the covenants stated in the opinion infra, as to the lessor’s option, at the end of the term, either to renew the lease for five years or purchase the improvements; and so for each subsequent term of five years.
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APPEAL from the County Court for Milwaukee County. On the 3d of May, 1860, one Eldred leased certain premises in the city of Milwaukee to the plaintiff, for five years, by deed of indenture which contained the covenants stated in the opinion infra, as to the lessor’s option, at the end of the term, either to renew the lease for five years or purchase the improvements; and so for each subsequent term of five years. The covenants of the deed were expressly made binding, not only upon the parties, but upon their heirs, executors, administrators and assigns. On the 3d of May, 1865, the executors…
1Opinion of the CourtCole, J.
The purchaser of the demised premises was bound to take notice of the rights of the lessee und.er the lease. The plaintiff was in possession of the premises, and the defendant admits, in his affidavit used on the motion to dissolve the injunction, that he had notice of the rights of the plaintiff as they were defined and reserved in the lease. It seems to us, therefore, that there is no sufficient ground for saying that the defendant was a stranger to the covenants of the original lease, and is not bound by them. Adopting, then, this view of the case, the question arises, Was the injunction…
2Cases cited1 opinion
- Hopkins v. GilmanWisconsin Supreme Court · 1868
3Cited by1 opinion
- Ecke v. FetzerWisconsin Supreme Court · 1886