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eBook details

• Title: Rock County Savings & Trust Company and
• Author : Supreme Court of Wisconsin
• Release Date : January 31, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

Suit by Rock County Savings & Trust Company and Esther Cunningham, as trustees of the estate of Archie Cunningham (lessors) to recover rent on a fifteen-year lease from Yost's, Inc. (lessee). The defense alleged no rent was due because the lessee had terminated the lease for breach of a covenant by the lessors not to unreasonably withhold their consent to a subletting of the leased premises. The lessors demurred to the answer and the trial court sustained the demurrer on the ground that the provision of the lease did not constitute a covenant on the part of the lessors and if it did, the covenant was not a mutual and dependent one and consequently the lessee could not terminate the lease for its breach. From the order sustaining the demurrer with leave to plead over, the defendant appeals. The demurrer admits the defendant was the lessee of a commercial lease for a fifteen-year term commencing on January 1, 1950, of the ground floor and basement of a building located on South Main Street in Janesville, Wisconsin, at a rental of $300 per month. The lease did not expressly provide for its termination for the breach of any of its provisions. The lease did provide:

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