Treat v. Hiles
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This case is sufficiently stated in the opinion. The defendants appealed from an order overruling a general demurrer to the complaint. argued, among other things, that the contract set' out in the complaint was in effect an agreement for copartnership in the operation of the- quarry, and if executed would' convey no interest in land, but only an interest in the profits of woi’kirig the quarry.
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APPEAL from the Circuit Court for Milwaukee County. This case is sufficiently stated in the opinion. The defendants appealed from an order overruling a general demurrer to the complaint. argued, among other things, that the contract set' out in the complaint was in effect an agreement for copartnership in the operation of the- quarry, and if executed would' convey no interest in land, but only an interest in the profits of woi’kirig the quarry. Story on Part. 34, 53-60, 220, 42, 48; Brigham v. Dana, 29 Yt. 9; Smith v. Wright, 5 Sandf. 113; Rosen-feld v. Haight, 53 "Yis. 260; Whitney v.…
1Opinion of the CourtORton, J.
The complaint states substantially the following facts: The plaintiffs, by their superior scientific knowledge, diligence, observation, and skill, had discovered a very valuable stone quarry on certain lands of William and Lyman Saunders, in Waukesha county, Wisconsin, of which said owners were ignorant; and, wishing to engage some person of abundant means with them in the scheme of making said quarry available to themselves, as well as to such person, by large profits on the investment, they communicated their information of said quarry to the defendant, he being such a person of large means…
2Cases cited23 opinions
- Duryea v. BurtCalifornia Supreme Court · 1865
- McClellan v. SanfordWisconsin Supreme Court · 1870
- Sherman v. Champlain Transportation Co.Supreme Court of Vermont · 1858
- Godfrey v. WhiteMichigan Supreme Court · 1880
- Jilson v. GilbertWisconsin Supreme Court · 1870
18 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ott v. BoringWisconsin Supreme Court · 1907
- Flower v. BarnekoffOregon Supreme Court · 1890
- Von Trotha v. BambergerSupreme Court of Colorado · 1890
- Treat v. HilesWisconsin Supreme Court · 1892
- Braasch v. BondeWisconsin Supreme Court · 1926
15 more not listed; retrieve them via the Exa API.