CCS NORTH HENRY, LLC v. TULLY

No. 00-0546.

240 Wis.2d 534 (2000)

2001 WI App 8

624 N.W.2d 847

CCS NORTH HENRY, LLC, Plaintiff-Respondent, v. Marge TULLY d/b/a By the Light of the Moon, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 14, 2000.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of David L. Mandell of Mandell, Ginsberg & Meier of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Cora L. Higginbotham of Cora L. Higginbotham Law Office of Madison.

Before Roggensack, Deininger, JJ. and William Eich, Reserve Judge.


¶ 1. ROGGENSACK, J.

Marge Tully appeals the judgment for damages awarded by the circuit court for her breach of a lease with CCS North Henry, LLC. She claims that because a successor tenant's monthly payments were greater than those due under her lease, as well as being for a longer period of time, the amount of the excess in monthly payments received from that tenant over those that had been due from her should have been offset against the amount of rent owed...

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