Cross v. Button

Decided July 1, 1856

Wisconsin Supreme Court · decided 1856-07-01

This was an action of covenant commenced in tbe County Court of Milwaukee county, to recover damages for breaches of covenants contained in a certain indenture of lease, bearing date the 23d day of January, A. D. 1846, made and executed by Ira Couch, of the first part, and Dexter Taft and William H. Spurr, of the second part, as modified by a certain supplemental agreement, made by the same parties, and bearing date the 17th day of February, A. D. 1846.

Cited by 2 later decisions — most recently March 1935

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1856-07-01

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Per Ouriam.

¶1We think that the plea in this case is bad. The liability of the defendant below is predicated upon his privity of estate, not of contract; hence the pl^ of non est factum is not responsive to the. declaration, and can be no bar to the action. The defendant’s liability to pay rent did not depend upon any contract máde by him with the plaintiffs below, but arose out of his relation as the assignee of the original lessees. It is obvious, therefore, that it was quite immaterial whether the lease upon which the plaintiffs below counted, was. or was. not the deed of the defendant below.

¶2The demurrer was well taken, and should have been sustained.