Legal Opinion

International Trading Co. v. J. C. Penney Co.

Wisconsin Supreme Court

Decided February 3, 1970No. 38Published

1Opinion of the CourtBeilfuss, J.

Can a written lease, which contains a provision granting the lessee a right of termination “at any time after the first 9 months of the term, by giving Lessor not less than two (2) months notice” be terminated by the giving of notice at the end of the seventh month of the term to be effective at the end of the ninth month ?

Plaintiff raises two principal arguments in an attempt to show the lease was not properly terminated. First, it is asserted that notice could not be given until after the first nine-month period had expired, thus making the end of the eleventh month the earliest date at…

2Cases cited3 opinions

  1. Deree v. Reliable Tool & MacHine, Inc.Wisconsin Supreme Court · 1947
  2. Sonotone Corp. v. LaddWisconsin Supreme Court · 1962
  3. Welch v. WelchSupreme Court of Iowa · 1931

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