Costello v. Polenska

* Motion to change mandate denied, without costs, on March 9, 1943. Action by W. H. Costello against Bernard Polenska and another. From a summary judgment for defendants entered May 2, 1942, the plaintiff appeals. The facts are stated in the opinion. The case is an appeal by the plaintiff from a summary judgment rendered upon motion of the defendants pursuant to sec. 270.635, Stats. The action is by the lessor of a farm against his lessee, each owning a half interest in the stock and machinery used in operating the farm, upon agreement to share the profits of the farm operation. The complaint…