Neelen v. Wells Building Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Action for rent. The facts can be best presented by a condensation of the findings made by the trial court.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Action for rent. The facts can be best presented by a condensation of the findings made by the trial court. On April 22, 1914, Wilmot F. Miller entered into a lease with the Wells Building Company, whereby the latter leased to the former, the intestate, rooms 201 to 204 of the Stephenson building, located at the corner of Mason and Milwaukee streets, for a period of three years beginning May 1, 1914, and ending April 30, 1917, for a total consideration • of $1,980 for the term, being at the rate…
1Opinion of the CourtRoseNBERRy, J.
It is the contention of the appellant that the occupancy of the premises by the son, Wilmot P. Miller, subsequent to the death of his father, and payment of rent by him, terminated the tenancy as of that date, and that such occupancy operated to create a new tenancy, which was at least a constructive eviction of the administratrix of the estate as a tenant. That the son, Wilmot P. Miller, did occupy the leased premises and remained in the occupancy thereof until the termination of the lease is established without dispute. There being no finding of the trial court as to the nature of the…
2Cases cited2 opinions
- Bailey v. WellsWisconsin Supreme Court · 1859
- Lovejoy v. McCartyWisconsin Supreme Court · 1896
3Cited by3 opinions
- Estate of Hatten v. MonstedWisconsin Supreme Court · 1939
- Nickolay v. Estate of NickolayWisconsin Supreme Court · 1946
- Meek v. City National Bank & Trust Co.Ohio Court of Appeals · 1940