ROSS v. SMIGELSKI

No. 67.

42 Wis.2d 185 (1969)

166 N.W.2d 243

ROSS and others, Respondents, v. SMIGELSKI, Appellant.

Supreme Court of Wisconsin.

Decided April 1, 1969.


Attorney(s) appearing for the Case

For the appellant there was a brief by Robert J. Choinski of Hales Corners, and oral argument by Myron Bonk of Racine.

For the respondents there was a brief by Kivett & Kasdorf, attorneys, and Alan M. Clack of counsel, all of Milwaukee, and oral argument by Mr. Clack.


HANLEY, J.

The following issues are raised by the defendant:

1. Did the plaintiffs accept the surrender of the premises by reletting them;

2. Where premises have been abandoned by the lessee, may the lessor recover as damages:

(a) Rental accruing when the premises are being remodeled;

(b) Remodeling expenses incurred in adapting the premises to the requirements of the new lessee; and

...

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