Gormely v. Gymnastic Ass'n of the South Side of Milwaukee
Wisconsin Supreme Court
APPEAL from the Circuit Court for Mikocmleee County. The case is thus stated by Mr. Justice Taylob : “This is an'appeal by the plaintiff from an order sustaining a demurrer to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action.
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APPEAL from the Circuit Court for Mikocmleee County. The case is thus stated by Mr. Justice Taylob : “This is an'appeal by the plaintiff from an order sustaining a demurrer to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The substance of the complaint is that the defendant was the owner of a hall in the city of Milwaukee known as the ‘ South Side Turner Ilall; ’ that such hall contained a bar room and fixtures suitable for carrying on a retail traffic in liquors, cigars, and tobacco, and ivas suitable for and often rented to divers…
1Opinion of the CourtTayloe, J.
We think, under the rules established by, this court in Supervisors of Kewaunee County v. Decker, 30 Wis., 624, we must hold this complaint was intended to set out a cause of action in tort, for false and fraudulent representations made on the part of the respondent, by reason of which the appellant was induced to make the agreement to lease the respondent’s hall and sell liquors, tobacco, and cigars therein without a license to do so, by reason of which he suffered damages in the manner stated in the complaint. It cannot fairly be construed to set out a cause of action simply on contract. If…
2Cases cited1 opinion
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
3Cited by10 opinions
- Stark v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1939
- Ellis v. GordonWisconsin Supreme Court · 1930
- Creasey Corp. v. DunningWisconsin Supreme Court · 1924
- Martachowski v. OrawitzSuperior Court of Pennsylvania · 1900
- Trustees of Kilbourn Lodge v. KilbournWisconsin Supreme Court · 1889
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