Helberg v. Hosmer
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland •county: John K. Paeisi-i, Circuit Judge. This is an action in tort for deceit.
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Appeal from a judgment of the circuit court for Ashland •county: John K. Paeisi-i, Circuit Judge. This is an action in tort for deceit. The complaint alleges in substance that on and before February 15, 1908, the defendant and one Kuntz were the owners of a dairy farm in Ashland county and desired to engage the plaintiff to operate-it on a crop-sharing plan; that the plaintiff was entirely unfamiliar with the farm; that the defendant and Kuntz determined that Kuntz should take the plaintiff onto the farm in order to show the same to him and explain its desirable features, and that pursuant to…
1Opinion of the CourtWiNsnow, C. J.
The objection of defect of parties defendant was waived because not taken by demurrer or answer. •Sec. 2654, Stats. (1898).
If a complete determination of the controversy could not •be had without the presence of other parties, the court should ■order them to be brought in and should not dismiss the action. Sec. 2610, Stats. (1898). But this was not such a case. If any cause of action at all was stated, it was a cause of action in tort for deceit against one of two joint tortfeasors. It is very familiar law that one of a number of tortfeasors may be sued alone without joining the others: each…
2Cases cited2 opinions
- Krause v. BusackerWisconsin Supreme Court · 1900
- Beetle v. AndersonWisconsin Supreme Court · 1897
3Cited by7 opinions
- Spencer Co-operative Live Stock Shipping Ass'n v. SchultzWisconsin Supreme Court · 1932
- Woteshek v. NeumanWisconsin Supreme Court · 1912
- E. L. Husting Co. v. Coca-Cola Co.Wisconsin Supreme Court · 1927
- Rud v. McNamaraWisconsin Supreme Court · 1960
- Febock v. Jefferson CountyWisconsin Supreme Court · 1935
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