Hill v. Palmer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. This is an appeal from an order sustaining a general demurrer to the complaint.
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APPEAL from the Circuit Court for Waupaca County. This is an appeal from an order sustaining a general demurrer to the complaint. It is stated in the complaint that one Cline was the owner of certain pine lands in Shawano county, and informed the plaintiffs that if suitable terms could be agreed upon he would enter into a contract with them to cut, log, and run the timber standing on such lands; and that thereupon the plaintiffs went upon said lands and estimated the quantity of timber thereon, and the cost of cutting, logging, and running the same, and of the improvements necessary to be…
1Opinion of the CourtLyoN, J.
Counsel agree that the learned circuit judge sustained the demurrer to the complaint on the ground that the facts therein stated show that the parties were partners in the contract with Cline, and in the execution thereof, and that the only remedy of the plaintiffs is by an action in equity for an accounting and settlement of the partnership affairs.
The question to be determined is, Does the complaint state facts which constitute a cause of action at law for the recovery of damages, or must the plaintiffs resort to an equitable action for relief ? It is a fairly debatable question whether it…
2Cases cited7 opinions
- Bagley v. . SmithNew York Court of Appeals · 1853
- Sprout v. CrowleyWisconsin Supreme Court · 1872
- Wadsworth v. ManningCourt of Appeals of Maryland · 1853
- Tolford v. TolfordWisconsin Supreme Court · 1878
- Ellison v. ChapmanIndiana Supreme Court · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ott v. BoringWisconsin Supreme Court · 1907
- Treat v. HilesWisconsin Supreme Court · 1887
- Miller & Son v. FreemanSupreme Court of Georgia · 1900
- Pemberton v. Ladue Realty & Construction Co.Missouri Court of Appeals · 1944
- Seymour v. CushwayWisconsin Supreme Court · 1898
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