Legal Opinion

Koplitz v. Gustavus

Wisconsin Supreme Court

Decided December 16, 1879PublishedCited by 10 opinions

APPEAL from the County Court of Winnebago County. Aetion for rent; tried by the court without a jury. The findings of the court bearing upon the character of the tenancy are recited in the opinion. There was a further finding that' there was due from defendant to plaintiff $49.50, as rent of the premises for the months of April, May and June, 1877, payment of which had been refused; and from a judgment in plaintiff’s favor for that sum, defendant appealed.

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APPEAL from the County Court of Winnebago County. Aetion for rent; tried by the court without a jury. The findings of the court bearing upon the character of the tenancy are recited in the opinion. There was a further finding that' there was due from defendant to plaintiff $49.50, as rent of the premises for the months of April, May and June, 1877, payment of which had been refused; and from a judgment in plaintiff’s favor for that sum, defendant appealed. Eor the appellant it was argued, that, as the lease was not in writing, and was for a period longer than a year, it was void (E. S., sec.…

1Opinion of the CourtCole, J.

It seems to us impossible to deny that there was abundant testimony in this case to sustain the finding of the county court to the effect that the defendant, on the first of October, 1875, by a verbal lease, rented of the plaintiff the premises in question, for two years from that date, at the annual rental of $198 per year, or at the rate of $16.50 per month, the rent to be paid at such times during the term as the plaintiff should demand; that-the defendant went into possession of the premises, under the lease, about that time, and remained in possession for the first year, paying $198…

2Cases cited5 opinions

  1. Lounsbery v. . SnyderNew York Court of Appeals · 1865
  2. Larkin v. AverySupreme Court of Connecticut · 1854
  3. Barlow v. WainwrightSupreme Court of Vermont · 1849
  4. Prindle v. AndersonNew York Supreme Court · 1838
  5. Lockwood v. LockwoodSupreme Court of Connecticut · 1852

3Cited by10 opinions

  1. Huntington v. ParkhurstMichigan Supreme Court · 1891
  2. Brown v. KayserWisconsin Supreme Court · 1884
  3. Vinz v. BeattyWisconsin Supreme Court · 1884
  4. Sutherland v. DroletWisconsin Supreme Court · 1913
  5. Hauser v. FetzerWisconsin Supreme Court · 1924

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