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CODEPT, INC., v. MORE-WAY NORTH CORP.

23 Wis.2d 165 (1964)

CODEPT, INC., Appellant, v. MORE-WAY NORTH CORPORATION and another, Respondents.

Supreme Court of Wisconsin.

March 31, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief by M. J. Levin, attorney, and James S. Levin of counsel, both of Milwaukee, and oral argument by James S. Levin.

For the respondents there was a brief by Lyman A. Precourt, David H. Fleck, and Foley, Sammond & Lardner, all of Milwaukee, and oral argument by Mr. Precourt.

DIETERICH, J.

More-Way operates a discount department store in Milwaukee, Wisconsin. On May 26, 1960, More-Way as licensor and one David Gold as licensee entered into a "license agreement," the pertinent portions of which are as follows:

"Whereas, licensee desires to exclusively operate in said building a department devoted solely to the sale, at retail, of merchandise classified as cosmetics, toiletries, stationery and school supplies, notions, health aids...

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