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INTERNATIONAL TRADING CO. v. J. C. PENNEY CO.

No. 38.

45 Wis.2d 507 (1970)

173 N.W.2d 680

INTERNATIONAL TRADING COMPANY, Appellant, v. J. C. PENNEY COMPANY, Respondent.

Supreme Court of Wisconsin.

Decided February 3, 1970.

Attorney(s) appearing for the Case

The cause was submitted for the appellant on the briefs of A. L. Skolnik of Milwaukee, and for the respondent on the brief of Foley, Sammond & Lardner and Robert A. Christensen, all of Milwaukee.

BEILFUSS, J.

Can a written lease, which contains a provision granting the lessee a right of termination "at any time after the first 9 months of the term, by giving Lessor not less than two (2) months notice" be terminated by the giving of notice at the end of the seventh month of the term to be effective at the end of the ninth month?

Plaintiff raises two principal arguments in an attempt to show the lease was not properly terminated. First, it is asserted...

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