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STRONG v. SHAWANO CANNING CO.

13 Wis.2d 604 (1961)

STRONG, Respondent, v. SHAWANO CANNING COMPANY, INC., and another, Appellants.

Supreme Court of Wisconsin.

June 6, 1961.

Attorney(s) appearing for the Case

For the appellants there was a brief by Callahan & Arnold of Columbus, and oral argument by Clark Arnold and Carroll B. Callahan.

For the respondent there was a brief by Sigman, Sigman & Shiff of Appleton, and oral argument by Samuel Sigman.

BROADFOOT, J.

The defendants rely upon two paragraphs appearing in the contract as defenses to the claim for damages. The tenant referred to in the contract is Shawano Farms, Inc., and the landlord is the plaintiff. The first of said paragraphs appears in section 3 of the contract, and reads as follows:

"Should tenant be unable profitably to harvest or utilize for canning purposes the sweet-corn crop or any part thereof, the landlord's rental compensation...

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