BAY VIEW STATE BANK v. LIBER


33 Wis.2d 539 (1967)

BAY VIEW STATE BANK, Plaintiff, v. LIBER and others, Defendants: WEINSTEIN, Defendant and Appellant: NASRALLAH, Defendant and Respondent.

Supreme Court of Wisconsin.

January 31, 1967.


Attorney(s) appearing for the Case

For the appellant there were briefs by Axel, Aaron & Goldman, and oral argument by Maurice Weinstein, all of Milwaukee.

For the respondent there was a brief and oral argument by Max E. Geline of Milwaukee.


HANLEY, J.

The original lease executed by the Libers as lessors and the Kanters as lessees did not contain any provision for the return of the rental deposit in the event the lease was in effect until the expiration date. Under these circumstances there is an implied contract to refund the deposit. An implied contract is essentially based on the surrounding facts and circumstances. Clearly, here the parties intended the deposit would be returned if the relationship...

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