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THREE & ONE CO. v. GEILFUSS

No. 92-2651.

178 Wis.2d 400 (1993)

504 N.W.2d 393

THREE & ONE COMPANY, Plaintiff-Respondent-Cross-Appellant, v. Ronald F. GEILFUSS, Jr., and Annette Pietsch, Defendants-Appellants-Cross-Respondents.

Court of Appeals of Wisconsin.

Decided July 21, 1993.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants-cross-respondents, the cause was submitted on the briefs of Thomas J. Kasen of Kasen and Patterson, S.C. of Wauwatosa.

On behalf of the plaintiff-respondent-cross-appellant, the cause was submitted on the briefs of Charles H. Barr of Chernov, Croen, Stern & Burbach, S.C. of Milwaukee.

Before Brown, Anderson and Snyder, JJ.

ANDERSON, J.

Roland F. Geilfuss, Jr. and Annette Pietsch (tenants) appeal from a judgment of the trial court awarding the Three and One Company (landlord) $1234 for rent not paid and $2083.61 for waste to the leased premises for a sum of $3317.61, which was doubled under sec. 844.19(2), Stats., to $6635.22. The tenants raise five issues on appeal: (1) whether the damage to the leased premises constituted waste, (2) what is the proper measure of damages for waste,...

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