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determine whether a contract is renewed or extended under
Wisconsin law and conclude therefrom that the 1991 lease is a
renewal of the 1987 lease.
First, the language used in both leases by the parties
thereto leads to the conclusion that the 1991 lease is a renewal
of the 1987 lease. See id. at 576-577. The leases refer several
times to a renewal; they refer only once to an extension.
Second, the parties’ conduct leads to the same conclusion.
See id. The 1991 lease was signed by an officer of the law firm
(other than petitioner) as “Lessee”, and it was signed by
petitioner as “Lessor”, under the heading “Agreed to and
Accepted”. If the parties to the leases had intended that the
lessee could extend the 1987 lease at its option, petitioner’s
signature and agreement would have been unnecessary.
Third, the fact that petitioner, as the office building’s
lessor, had to perform a further act to lengthen the term of the
1987 lease also leads to the conclusion that the 1987 lease was
renewed through the 1991 lease. Compare Milwaukee Hotel Wis. Co.
v. Aldrich, 62 N.W.2d 14 (Wis. 1953) (lease providing for initial
term of 3 years could be extended at lessee’s option for 3 more
years at rent stated in lease; held, lease is a 6-year lease
because no further act required of lessor once lessee makes
election), with St. Regis Apt. Corp. v. Sweitzer, 145 N.W.2d 711
(Wis. 1966) (2-year lease automatically renews for 2 more years
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