83 Wis. 8 | Wis. | 1892
The undertaking sufficiently identifies the judgment appealed from. It gives the correct title of the cause, and the amount of the judgment, and states that it’ was recovered by the respondent against the above-named appellants on the- day of March, 1892, in the circuit court for Waupaca county. The undertaking in this respect is clearly sufficient.
The affidavit of the sureties is to the effect that each of them is a resident of the state, and is worth the sum of $250 over all his debts and liabilities, in property in this
It was not necessary to amend the complaint by alleging what the understanding of the parties was in respect to the meaning of the written agreement. This must be manifested by the agreement when properly construed! The complaint sets out the substance of the provision of the contract referred to. It is evident that the parties contemplated and understood that the lessor retained the right to sell the property leased, at any time during the term, and to execute such sale by a delivery of possession of it to the purchaser. This necessarily would terminate the lease by taking from the possession of the lessee the property, the subject of the lease. The provision that the lessor should forfeit to the lessee in such case, as damages, the sum of $21, by fair implication means that this sum was agreed on as stipulated damages for the termination of the lease of
“What is implied in a statute, pleading, contract, or will is as much a part of it as what is expressed.” U. S. v. Babbit, 1 Black, 61; Wood Co. v. Lachawana I. & C. Co. 93 U. S. 624. In Rogers v. Kneeland, 10 Wend. 218, 250, 252, 253, it is held to be a general principle, applicable to all instruments or agreements, that whatever may be fairly implied from the terms or language of an instrument is, in judgment of law, contained in it. Fox v. Phelps, 20 Wend. 447. The circuit court erred in sustaining the objection to the complaint and rendering judgment of nonsuit against the plaintiffs.
By the Court.— The judgment of the circuit court is reversed, and the cause 'remanded for trial according to law.