Cummings v. Town of Lake Realty Co.
Wisconsin Supreme Court
APPEAL from tbe Superior Court of Milwaukee County. Action by L. L. Cummings against the Town of Lake Realty Company and Eichard Jefferson to recover $250 paid by the plaintiff to said Jeffer'son for an option to buy certain land, and for servioes performed by the plaintiff in procuring a purchaser and negotiating a sale of said land. The substance of the complaint is stated in the opinion.
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APPEAL from tbe Superior Court of Milwaukee County. Action by L. L. Cummings against the Town of Lake Realty Company and Eichard Jefferson to recover $250 paid by the plaintiff to said Jeffer'son for an option to buy certain land, and for servioes performed by the plaintiff in procuring a purchaser and negotiating a sale of said land. The substance of the complaint is stated in the opinion. The defendant corporation demurred to the complaint on the ground that it “ does not state facts sufficient to constitute a cause of action.” The court held that such demurrer was “ insufficient, for the…
1Opinion of the CourtObtoN, J.
This is an appeal from an order overruling tbe demurrer of the corporation defendant alone, on the ground that the complaint fails to state a cause of action. The reason given by the court for overruling the demurrer is “ that it is general, and not special? 'This is a general demurrer interposed by the corporation defendant alone, and it certainly had the right to demur alone. The other defendant did not join in the demurrer. We fail to understand the reason given. Arzbacher v. Mayer, 53 Wis. 380. The question on this appeal is whether the complaint states a cause of action against the…
2Cases cited1 opinion
- Arzbacher v. MayerWisconsin Supreme Court · 1881
3Cited by8 opinions
- International Land Co. v. MarshallSupreme Court of Oklahoma · 1908
- Barney v. Yazoo Delta Land Co.Indiana Supreme Court · 1913
- Mueller v. NortmannWisconsin Supreme Court · 1903
- Lisman v. Milwaukee, L. S. & W. Ry. Co.District Court, E.D. Wisconsin · 1908
- Washington v. Rosario Mining & Milling Co.Court of Appeals of Texas · 1902
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