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FOURSQUARE PROPERTIES v. JOHNNY'S LOAF & STEIN

No. 82-2430.

116 Wis.2d 679 (1983)

343 N.W.2d 126

FOURSQUARE PROPERTIES JOINT VENTURE I, a partnership, Plaintiff-Appellant, v. JOHNNY'S LOAF & STEIN, LTD., a Wisconsin corporation, Johnny's Loaf & Stein of Marinette, Ltd., a Wisconsin' corporation, John Keegan and Donald Keegan, Defendants-Respondents, FIRST NATIONAL BANK OF MARINETTE, a Wisconsin banking corporation, Defendant.

Court of Appeals of Wisconsin.

Decided December 6, 1983.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Faller, Pleger & Wilson and Gerald L. Wilson of Marinette and Phillips, Gross & Aaron, P.A., of counsel. of Minneapolis, Minnesota.

For the respondents the cause was submitted on the brief of Condon, Hanaway, Wickert, Fenwick & Strong, Ltd., and Gary A. Wickert of Green Bay.

Before Foley, P.J., Dean and Cane, JJ.

CANE, J.

Foursquare Properties appeals a judgment that dismissed its complaint for eviction and rent due, declared the tax clause of its lease with Johnny's Loaf & Stein unconscionable as applied, and recalculated Johnny's tax liability. Because the trial court correctly concluded that the tax clause was unconscionable, we affirm the judgment.

Johnny's is a father-and-son restaurant business operated by John...

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