ROTTMAN v. BLUEBIRD BAKERY


3 Wis.2d 309 (1958)

ROTTMAN and wife, Respondents, vs. BLUEBIRD BAKERY, INC., Appellant.

Supreme Court of Wisconsin.

February 28, 1958.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Ervin A. Weinke of Fond du Lac.

For the respondents there was a brief by Worthing & Calhoun of Fond du Lac, and oral argument by J. W. Calhoun.


FAIRCHILD, J.

Two question are involved: (1) Did the acceptance of rent amount to an election by plaintiffs to consider defendant a tenant from year to year? (2) Was there a valid agreement that defendant should have six months in which to move in the event of sale? If either be answered in the affirmative, the tenancy was not terminated and the judgment must be reversed.

(1) Holding over and acceptance of rent. Sec. 234.07, Stats., provides: "If a...

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