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ALGREM v. NOWLAN

37 Wis.2d 70 (1967)

ALGREM, Plaintiff, v. NOWLAN and wife, Defendants and Appellants: MORSE and another, d/b/a CAINASHCRAFT COMPANY, Impleaded Defendants and Respondents.

Supreme Court of Wisconsin.

November 28, 1967.

Attorney(s) appearing for the Case

For the appellants there was a brief by Petersen, Sutherland, Axley & Brynelson, and oral argument by Griffin G. Dorschel, all of Madison.

For the respondents there was a brief by Wickhem, Consigny & Sedor of Janesville, and oral argument by Gilbert D. Sedor.

BEILFUSS, J.

The issue is: Do the terms of the lease constitute an express agreement of indemnity in favor of the lessors-appellants for liability they might sustain because of the lessee-respondent's failure to comply with repair and maintenance covenants of the lease?

The provisions of the lease, which the appellants claim constitute the indemnity agreement, are as follows:

"Party of the second part [Cain-Ashcraft] hereby agrees to pay to the said...

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