Legal Opinion

Layng v. Stout

Wisconsin Supreme Court

Decided February 3, 1914PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for St. Croix county: James O’Neill, Judge. In. August, 1906, the plaintiff and ber husband, since deceased, leased a farm owned by the plaintiff to one Grimes for the term of five years from October 1, 1906.' The lessee agreed to pay an annual rental of $300, to be paid from the produce raised on the farm.

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Appeal from a judgment of the circuit court for St. Croix county: James O’Neill, Judge. In. August, 1906, the plaintiff and ber husband, since deceased, leased a farm owned by the plaintiff to one Grimes for the term of five years from October 1, 1906.' The lessee agreed to pay an annual rental of $300, to be paid from the produce raised on the farm. There was a slightly different provision made for the payment of rent during the first year from that' relating to the subsequent years. As to the latter years, after reciting that the lessors should be entitled to proceeds derived from the sale…

1Opinion of the CourtBarnes, J.

A number of propositions are advanced by the appellants, and many authorities are cited to support them. We think the judgment appealed from is correct, and will simply state the reasons why we think so.

It is very evident that the parties intended to agree that the title to the crops raised during each year should vest in the lessors until such time as the rent was paid and that thereafter all interest of the lessors therein should terminate. There is nothing ambiguous about the lease. We are in the dark as to any valid reason why the parties might not make a legal contract to this effect. It…

2Cases cited9 opinions

  1. Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
  2. Smith v. AtkinsSupreme Court of Vermont · 1846
  3. Andrew v. . NewcombNew York Court of Appeals · 1865
  4. Bellows v. WellsSupreme Court of Vermont · 1864
  5. Rowlands v. VoechtingWisconsin Supreme Court · 1902

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Tischendorf v. Lynn Mutual Fire InsuranceWisconsin Supreme Court · 1926
  2. Kohler Improvement Co. v. PrederWisconsin Supreme Court · 1935

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