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RAPIDS ASSOCIATES v. SHOPKO STORE, INC.

No. 79-1591.

96 Wis.2d 516 (1980)

292 N.W.2d 668

RAPIDS ASSOCIATES, a partnership comprised of Michael J. Barnard, Norman Miller and others, Respondents, v. SHOPKO STORE, INC., a Minnesota corporation, Appellant.

Court of Appeals of Wisconsin.

Decided April 22, 1980.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Terwilliger, Wakeen, Piehler, Conway & Klingberg, S.C., of Wausau.

For the respondents the cause was submitted on the brief of Surplice & Gould of Green Bay.

Before Donlin, P.J., Foley, J., and Dean, J.

DONLIN, P.J.

Rapids Associates and Shopko Stores, Inc., entered into a lease in March, 1969. Pursuant to the lease, Rapids built a store according to Shopko's plans and specifications, under Shopko's supervision. Shopko leased the premises for the purpose of conducting a retail, discount department store business. The twenty-year lease provided for an annual base rent of $61,500 plus additional rent of one percent of gross sales in excess of $2,000,000.

Shopko...

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