Reindl v. Heath
Wisconsin Supreme Court
Appeal from an order of the circuit court for Langlade county: JohN Uoodland, Circuit Judge. Appeal from order overruling-a demurrer to the complaint for improper joinder of causes of action.
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Appeal from an order of the circuit court for Langlade county: JohN Uoodland, Circuit Judge. Appeal from order overruling-a demurrer to the complaint for improper joinder of causes of action. The complaint set forth a contract whereby the plaintiffs agreed to manufacture “ all the saw logs that may be purchased and delivered by the parties of the second part [the defendants] at the mill-yard of said first parties . . . during the winter of 1899 and 1900, which shall not be less than four million feet,” at prices named. The first cause of action alleges performance of work in accordance with…
1Opinion of the CourtDodoe, J.
By express statute (sec. 2647, Stats. 1898) it is provided; “The plaintiff may unite in the same complaint several causes of action, whether they be such as were formerly denominated legal or equitable, or both, where they arise out of (1) the same transaction, or transactions con*572nected with the same subject of action; or (2) contract, express or implied.”
It seems entirely obvious that the' two causes of action against the defendants set forth in this complaint both arise out of contract; indeed, out Of the same contract. The first • is a cause of action to recover upon defendants’ breach of…
2Cases cited6 opinions
- Marsh v. FraserWisconsin Supreme Court · 1871
- Munger v. LenrootWisconsin Supreme Court · 1873
- Lackner v. TurnbullWisconsin Supreme Court · 1859
- Collins v. CowanWisconsin Supreme Court · 1881
- Shafer v. HogueWisconsin Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- St. Croix Timber Co. v. JosephWisconsin Supreme Court · 1910
- Manningt v. Galland-Henning Pneumatic Malting Drum ManufacturingWisconsin Supreme Court · 1910
- Badger Telephone Co. v. Wolf River Telephone Co.Wisconsin Supreme Court · 1904