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CONTINENTAL GRAIN CO. v. AFRAM BROTHERS CO.

35 Wis.2d 676 (1967)

CONTINENTAL GRAIN COMPANY, Respondent, v. AFRAM BROTHERS COMPANY, Appellant.

Supreme Court of Wisconsin.

June 30, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Arnold, Murray & O'Neill, and oral argument by Lawrence F. Waddick and Milton Shinken, all of Milwaukee.

For the respondent there was a brief by Godfrey & Kahn, attorneys, and Gerald J. Kahn and James Ward Rector, Jr., all of Milwaukee, and oral argument by Mr. Rector and Mr. Gerald J. Kahn.

WILKIE, J.

The issue presented on this appeal is whether a lessor can rescind a lease agreement for nonpayment of rent where the agreement does not provide for forfeiture of the lease in the event of nonpayment.

In the case at bar the lease agreement does not contain a clause providing for a forfeiture of the lease in the event of nonpayment of rent. The general rule is that in the absence of such a clause in the lease for nonpayment of rent the landlord cannot...

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