Legal Opinion

Booher v. Slathar

Wisconsin Supreme Court

Decided April 3, 1918PublishedCited by 5 opinions

Appeal from a judgment of tbe circuit court for Ricbland county: Geoege OlemeNtsoN, Circuit Judge. Tbe appeal is from a judgment of eviction in an action for unlawful detainer. Tbe defendant in October, 1914, entered into possession of a farm of about 200 acres near Ricbland Center belonging to tbe plaintiff. ..Several prior interviews were bad between tbe parties with reference to tbe terms and conditions under which defendant should take possession.

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Appeal from a judgment of tbe circuit court for Ricbland county: Geoege OlemeNtsoN, Circuit Judge. Tbe appeal is from a judgment of eviction in an action for unlawful detainer. Tbe defendant in October, 1914, entered into possession of a farm of about 200 acres near Ricbland Center belonging to tbe plaintiff. ..Several prior interviews were bad between tbe parties with reference to tbe terms and conditions under which defendant should take possession. A form of agreement or lease was drawn by plaintiff’s wife, and prior to taking possession of tbe farm it was -read to .or by tbe defendant,…

1Opinion of the CourtEschweileb, J.

Erom the rulings made by the court during the trial and his written decision after verdict it appears that he held, in disposing of this case, that the agreement upon which the defendant relied in his counterclaim, being oral, was void under sec. 2304, Stats., which provides that every contract for the leasing of real estate for more than one year shall be void unless in writing; that the forcible entry and unlawful detainer proceedings under ch. 145, Stats., are of such a nature that the court could not. properly entertain a counterclaim such as was asserted by defendant, even when the…

2Cases cited5 opinions

  1. Kipp v. LaunWisconsin Supreme Court · 1911
  2. Henrikson v. HenriksonWisconsin Supreme Court · 1910
  3. Seaman v. AschermannWisconsin Supreme Court · 1881
  4. Halligan v. FreySupreme Court of Iowa · 1913
  5. Vroman v. DewyWisconsin Supreme Court · 1867

3Cited by5 opinions

  1. Kelly v. SullivanWisconsin Supreme Court · 1947
  2. Krueger v. GrothWisconsin Supreme Court · 1926
  3. Hauser v. FetzerWisconsin Supreme Court · 1924
  4. Falk v. DevendorfWisconsin Supreme Court · 1920
  5. Hopfensperger v. BruehlWisconsin Supreme Court · 1921

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