Prudential Insurance Company of America v. Spencer's Kenosha Bowl, Inc.

137 Wis.2d 313, 404 N.W.2d 109 (1987)

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Prudential Insurance Company of America v. Spencer’s Kenosha Bowl, Inc.

Wisconsin Court of Appeals
137 Wis.2d 313, 404 N.W.2d 109 (1987)

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Facts

Spencer’s Kenosha Bowl, Inc. (Spencer’s) (defendant) purchased a property subject to a mortgage held by Prudential Insurance Company of America (Prudential) (plaintiff). Spencer’s did not assume the grantor’s mortgage. The grantor defaulted and Prudential commenced foreclosure proceedings on the property. Prudential claimed Spencer’s committed waste on the property that harmed the property value. Prudential sought damages. The trial court found Spencer’s committed waste and awarded damages to Prudential. Spencer’s appealed.

Rule of Law

Issue

Holding and Reasoning (Nettesheim, J.)

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