Marshfield Clinic v. Discher

I join the court to recognize, as the majority and I did in Sharpe1 and Stromsted,2 that the common law doctrine of necessaries must be modified so that women as well as men are liable for necessaries furnished the family unit. I also join the court in remanding the case at bar to the circuit court.

I dissent from those parts of the majority opinion which extend the gender based Stromsted rule to the fact situation presented in this case, namely to the furnishing of necessaries to husbands. I have previously dissented to the use of the gender based rule in the fact situation presented by…