168 Wis. 119 | Wis. | 1918
The trial court found that the defendants as owners of the Republican House property repaired the building “and occupied and used it only as a rooming or lodging house; ... no meals or lunches of any kind were furnished by them to- any persons lodging at said building; . . . that in said city of Platteville and in Southern Wisconsin every so-called hotel is of the character of a common-law inn, namely, a house where a traveler is furnished as a regular matter of business with food and lodging;” that defendants let sleeping rooms to such persons as pleased them and were keepers of a rooming or lodging house; and “that said defendants have never since their occupancy of said Republican Hotel building used said building as a hotel, and that their use of said building is not in violation of the restrictive covenant in said conveyances.”
Upon these grounds the plaintiff’s complaint was dismissed. The plaintiff assails these conclusions of the trial
The question arises: Is this úse of the building in viola
The legislation of the state embodying regulation of hotels and inns indicates that this modern hotel business is classed with that of innkeepers. The facts and circumstances of the making of the contract for the conveyance of the Columbia Hotel property by Patnaude and wife to plaintiff and his brother clearly show that the restrictive covenant in the deed was intended to forbid such uses of the defendants’ property as are commonly included in the generally accepted meaning of the term “hotel.”
It follows that the trial court erred in holding that “every so-called hotel is of the character of a common-law inn,
If the defendants had restricted their business in this building to that which is recognized in the law as a private boarding- or lodging-house business, it would not have offended against the restrictive covenants as intended by the parties. This field they, however, as above indicated, have transgressed by entering upon the conduct of a “hotel business.” It follows that the plaintiff is entitled to judgment restraining defendants from conducting a hotel business in the building referred to- as the Republican House, and that the court erred in dismissing the complaint.
By the Court. — The judgment appealed from is reversed, and 'the cause remanded with direction to award judgment in plaintiff’s favor as indicated in the opinion.