Gross v. Heckert
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: JohN GoodlaND, Circuit Judge. Action for damages for breach of contract.
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Appeal from a judgment of the circuit court for Outa-gamie county: JohN GoodlaND, Circuit Judge. Action for damages for breach of contract. Plaintiff claimed that on February 6, 1901, defendant in writing leased to him a two-story brick building and its appurtenances in the city of Appleton for the purposes of a saloon, the term of the lease being live years from April 1, 1901, with an option for an additional term of five years, the rent charge being $75 per month payable in advance on the first: day of each month; that in and by said lease defendant agreed to put plaintiff in possession of…
1Opinion of the CourtMarshall, J.
We are unable to discover any warrant in "the evidence for the decision that plaintiff, before the commencement of this action and the happening of the events upon which his claim for damages is based, assigned his lease to the S. C. Ilerbst Importing Company, incapacitating himself from bringing such action for want of being the real party in interest. The evidence is clear that the assignment, if one was effected, though absolute in form, was for security only. It seems that it must have been supposed in the court below, either that it was not competent to show by parol evidence the real…
2Cases cited33 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Chase v. DodgeWisconsin Supreme Court · 1901
- Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
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3Cited by39 opinions
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- Sinclair Refining Co. v. Hamilton & DotsonSupreme Court of Virginia · 1935
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