Scheuer & Tiegs, Inc. v. Benedict
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Action begun in the civil court to recover possession of certain premises originally leased to defendant under a written lease expiring April 30, 1919. By an oral arrangement defendant was permitted to hold from month to month after the expiration of the written lease; The rent was payable on the first day of each month.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Action begun in the civil court to recover possession of certain premises originally leased to defendant under a written lease expiring April 30, 1919. By an oral arrangement defendant was permitted to hold from month to month after the expiration of the written lease; The rent was payable on the first day of each month. On March 5, 1920, plaintiff served this notice on defendant: “You are hereby notified and required by April 30, 1920, to quit and deliver up possession of the premises now held by…
1Opinion of the CourtVinje, J.
The objections that plaintiff is not the real party in interest and so cannot maintain the action; that the tenancy was not from month to month; and that a slight error in the description of the leased premises invalidated the action, are not well taken. They are not of sufficient importance to merit treatment and we mention them only to show they have not been overlooked.
The serious question is as to the sufficiency of the notice to quit. It requires that possession be delivered by April 30. April 30 was the last day of the tenancy from month to month, and if, as is argued, “by April 30” is…
2Cases cited14 opinions
- Goldman v. BroylesCourt of Appeals of Texas · 1911
- Wilson v. RodemanSupreme Court of South Carolina · 1889
- State ex rel. Engle v. HilgendorfWisconsin Supreme Court · 1908
- Sutherland v. DroletWisconsin Supreme Court · 1913
- Elizabeth City Cotton Mills v. DunstanSupreme Court of North Carolina · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- E. M. Boerke, Inc. v. WilliamsWisconsin Supreme Court · 1965
- Sellers v. SpillerCourt of Appeals of Texas · 1933
- Hartnip v. FieldsWisconsin Supreme Court · 1945
- Dillon v. MillerSupreme Court of Arkansas · 1944
- Pallange v. MuellerWisconsin Supreme Court · 1931
5 more not listed; retrieve them via the Exa API.