Legal Opinion

Lindsay Bros., Inc. v. Milwaukee Cold Storage Co.

Wisconsin Supreme Court

Decided June 5, 1973No. 294PublishedCited by 4 opinions

1Opinion of the CourtHeffernan, J.

The lessee’s general obligation in respect to the condition of the premises is contained in the clause concerning its delivery of possession at the time of the termination of the lease. That clause provides that possession shall be yielded to the lessor at the end of the term “in the same condition as the same were in at the commencement of said term, reasonable wear and tear . . . excepted.”

As properly interpreted, the lessee’s obligation to the lessor to repair the premises is to be measured by the condition of the premises at the time of the lease’s termination.

A similar clause was…

2Cases cited13 opinions

  1. Kanner v. Globe Bottling Co.California Court of Appeal · 1969
  2. Van Wormer v. CraneMichigan Supreme Court · 1883
  3. Touchett v. E Z Paintr Corp.Wisconsin Supreme Court · 1961
  4. Miller v. BelknapIdaho Supreme Court · 1954
  5. Giffen v. Tigerton Lumber Co.Wisconsin Supreme Court · 1965

8 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Cote v. A. J. Bayless Markets, Inc.Court of Appeals of Arizona · 1981
  2. Muetze v. StateWisconsin Supreme Court · 1976
  3. 1600 Arch Ltd. v. INA Corp.District Court, E.D. Pennsylvania · 1996
  4. 345 Property Owner LLC v. United States Postal ServiceDistrict Court, E.D. Wisconsin · 2019

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