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LINDSAY BROTHERS, INC. v. MILW. COLD STORAGE

No. 294.

58 Wis.2d 658 (1973)

207 N.W.2d 639

LINDSAY BROTHERS, INC., Respondent, v. MILWAUKEE COLD STORAGE COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided June 5, 1973.

Attorney(s) appearing for the Case

For the appellant there were briefs by Robert A. Christensen and Foley & Lardner, all of Milwaukee, and oral argument by Mr. Christensen.

For the respondent there was a brief by Davis, Kuelthau, Vergeront, Stover & Leichtfuss, S. C., attorneys, and John G. Vergeront and Thomas G. Boyer of counsel, all of Milwaukee, and oral argument by Mr. Boyer.

HEFFERNAN, J.

The lessee's general obligation in respect to the condition of the premises is contained in the clause concerning its delivery of possession at the time of the termination of the lease. That clause provides that possession shall be yielded to the lessor at the end of the term "in the same condition as the same were in at the commencement of said term, reasonable wear and tear ... excepted."

As properly interpreted, the lessee's obligation to...

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