129 Wis. 8 | Wis. | 1906
The following opinion was filed April 17, 1906:
Most of the findings of the jury were in. favor of the defendants.' They were to the effect that the-elevator pit was improperly constructed and leaked; that such defect was known to the plaintiff at the time of making the-lease, but was not discoverable by the exercise of ordinary care and diligence in inspecting the mill generally; that the-use of the mill was materially lessened by reason of such defect; and that the defendants had sustained damage by reason thereof in the sum of $232-. 50. But the defendants were not allowed to recover such damages on their counterclaim, because the court found, upon the undisputed facts, that by using ordinary care and diligence in operating the mill the defendants could have prevented the wheat in the elevator pit from becoming wet from the water therein, and that they paid their rent monthly in advance under the lease for each of the first six months of its duration with full knowledge of
Did such facts relieve the defendants from further payment of rent? In an English case decided by the court of King’s Bench long ago, a dispute had arisen between the landlord and tenant, whereupon “the tenant said to the landlord, ‘I shall quit,’ and the latter said, ‘You may do so, and I shall be glad to get rid of you.’ ” Thereupon the tenant removed 'her furniture from the premises and sent the keys to the land
We find no reversible error in the record.
By the Court. — The judgment of the circuit court is affirmed.
A motion for a rehearing was denied June 21, 1906.