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SAMPSON INVESTMENTS v. JONDEX CORP.

Nos. 91-0297, 91-0957.

176 Wis.2d 55 (1993)

499 N.W.2d 177

SAMPSON INVESTMENTS, a Wisconsin partnership, by Bernard J. Sampson and Harold Sampson, its general partners, Plaintiffs-Appellants, v. JONDEX CORPORATION, a Wisconsin corporation, and Mega Marts, Inc., a Wisconsin corporation, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided May 13, 1993.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners, Jondex Corporation there were briefs by Kenneth R. Nowakowski, Bruce G. Arnold, Barbara J. Janaszek and Whyte & Hirschboeck, S.C., Milwaukee and oral argument by Mr. Arnold.

For the defendants-respondents-petitioners, Mega Marts, Inc., there were briefs by James O. Huber, David Lucey and Foley & Lardner, Milwaukee and oral argument by Mr. Lucey.

For the plaintiff-appellants there was a brief by John a. Busch, David B. Kennedy and Michael, Best & Friedrich, Milwaukee and oral argument by Mr. Busch.

Amicus Curiae brief was filed by Thomas G. Cannon and O'Neil, Cannon & Hollman, S.C., Milwaukee, for Wisconsin Grocers Association and Wisconsin Merchants Federation.

DAY, J.

This is a review, granted to defendants Jondex Corporation ("Jondex") and Mega Marts, Incorporated ("Mega Marts"), of an unpublished court of appeals decision which affirmed in part and reversed in part a summary judgment in favor of the defendants by the circuit court for Milwaukee County, Honorable Francis T. Wasielewski, Judge.

This case presents two issues for review, both of which involve a commercial lease agreement between Jondex, the lessee...

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