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WESTHAVEN ASSOCIATES, LTD. v. C.C. OF MADISON, INC.

No. 01-1953.

257 Wis.2d 789 (2002)

2002 WI App 230

652 N.W.2d 819

WESTHAVEN ASSOCIATES, LTD., Plaintiff-Respondent-Cross-Appellant, v. C.C. OF MADISON, INC. d/b/a Cost Cutters, Defendant-Appellant-Cross-Respondent.

Court of Appeals of Wisconsin.

Decided August 29, 2002.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross-respondent, the cause was submitted on the briefs of Stephen J. Nording and Laura E. Callan of Solheim Billing & Grimmer, S.C., Madison.

On behalf of the plaintiff-respondent-cross-appellant, the cause was submitted on the briefs of Todd G. Smith of La Follette Godfrey & Kahn, Madison.

Before Dykman, Deininger and Lundsten, JJ.

¶ 1. LUNDSTEN, J.

C.C. of Madison, Inc. (Cost Cutters) rented space in a mall owned by Westhaven Associates, Ltd. (Westhaven). Cost Cutters breached its lease by vacating, and Westhaven sought to enforce various lease provisions. The parties dispute whether stipulated damages provisions in the lease are reasonable, and thus enforceable liquidated damages provisions, or unreasonable, and thus unenforceable penalty provisions. Following the terminology used in...

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