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KILPS v. PAWINSKI

27 Wis.2d 467 (1965)

KILPS and wife, Appellants, v. PAWINSKI, Respondent.

Supreme Court of Wisconsin.

April 27, 1965.

Attorney(s) appearing for the Case

For the appellants there was a brief by Rebholz & Duffey, attorneys, and F. Thomas Ament of counsel, all of Milwaukee, and oral argument by Mr. Ament.

For the respondent there was a brief by Teper & Weiss of Milwaukee, and oral argument by Daniel J. Weiss.

WILKIE, J.

The principal issue presented on this appeal is whether condemnation of a portion of the rented property constructively evicted the respondent as lessee.

This is a question of first impression in this state. It is well settled in other jurisdictions that the taking of the entire premises by condemnation operates to terminate the lease and release the tenant from liability to pay rent.

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