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plaintiffdefendantinjunctionwill
plaintiffdefendantinjunction

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Brock v. Dole, 66 Wis. 142, 28 N.W. 334

Facts

The plaintiff owned a building where the defendant operated a store as a tenant for over three years. A chimney that the defendant had used was taken down due to safety concerns, and a new one was built that did not allow the defendant access. The defendant attempted to construct his own chimney, leading to the plaintiff obtaining an injunction against this action. The dispute arose over the legality of the defendant's alterations to the property and the plaintiff's refusal to allow the defendant to use the newly constructed chimney.

The plaintiff owned a building where the defendant operated a store as a tenant for over three years.

Issue

Whether the circuit court erred in dissolving the injunction that prevented the defendant from constructing a chimney in the building he rented from the plaintiff.

Whether the circuit court erred in dissolving the injunction that prevented the defendant from constructing a chimney in the building he rented from the plaintiff.

Rule

A tenant cannot make material alterations to a property without the landlord's consent, and such alterations may be considered waste, justifying an injunction to prevent them.

A tenant cannot make material alterations to a property without the landlord's consent, and such alterations may be considered waste, justifying an injunction to prevent them.

Analysis

The court analyzed the circumstances surrounding the dissolution of the injunction, noting that the defendant had previously used a chimney that was now inaccessible due to the plaintiff's actions. The court emphasized that the plaintiff's refusal to allow the defendant to use the existing chimney was willful and unnecessary, and that the construction of a new chimney did not constitute irreparable harm to the plaintiff.

The court analyzed the circumstances surrounding the dissolution of the injunction, noting that the defendant had previously used a chimney that was now inaccessible due to the plaintiff's actions.

Conclusion

The court concluded that the injunction should have been maintained, reversing the circuit court's order and remanding the case for further proceedings.

The court concluded that the injunction should have been maintained, reversing the circuit court's order and remanding the case for further proceedings.

Who won?

The defendant prevailed in the case because the court found that the plaintiff's actions unjustly denied the defendant access to the chimney, which he had a right to use.

The defendant prevailed in the case because the court found that the plaintiff's actions unjustly denied the defendant access to the chimney, which he had a right to use.

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