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

Court of Appeals of Wisconsin

404 N.W.2d 109 (1987)

Relevant factsFree

Spencer's (defendant) purchased mortgaged property without assuming the grantor's mortgage to Prudential (plaintiff); after the grantor defaulted and Prudential began foreclosure, it claimed Spencer's had committed waste that damaged the property's value, and the trial court found for Prudential and awarded damages, which Spencer's appealed.

IssueFree

Whether a grantee who does not assume the grantor-mortgagor's mortgage can be held liable for waste committed on the mortgaged property.

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