Gerovac v. Hribar Trucking, Inc.

A rose by any other name smells as sweet, which is because nothing about the rose has been changed except the name given to it. We have here a principal action begun as an action in tort and is now claimed to be an action on contract. But is it?

The fact situation in plaintiff’s complaint is alleged to be:. . . that the plaintiff, Emil Gerovac, is a masonry and general contractor.. . . that the defendant, Hribar Trucking, Inc., is a trucking company, a Wisconsin corporation.. . . that the plaintiff was hired in April, 1960, to perform services as a contractor at a gravel pit in Waukesha county…