J. H. Clark Co. v. Rice
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Columbia county: B. F. Dunwiddie, Judge. It appears from tbe record and is undisputed tbat tbe plaintiff and tbe defendant entered into a written agreement dated November 30, 1903, wherein and whereby the plaintiff made, constituted, and appointed tbe defendant its agent in and for Ramsey county, Minnesota, for tbe sole purpose of selling, vending, and putting within said county tbe fuel-saving device of the plaintiff and by it…
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Appeal from a judgment of tbe circuit court for Columbia county: B. F. Dunwiddie, Judge. It appears from tbe record and is undisputed tbat tbe plaintiff and tbe defendant entered into a written agreement dated November 30, 1903, wherein and whereby the plaintiff made, constituted, and appointed tbe defendant its agent in and for Ramsey county, Minnesota, for tbe sole purpose of selling, vending, and putting within said county tbe fuel-saving device of the plaintiff and by it manufactured, owned, and controlled by letters patent of tbe United States, and of recommending and selecting subagents…
1Opinion of the Court
Cassobay, O. J.
1. Error is assigned because the court refused to compel the defendant to elect as to the remedy upon which he would rely under the pleadings. The statute authorized the defendant, by answer, to set forth “as many defenses and counterclaims” as he might have, “whether they be such as were formerly denominated legal or equitable, or both.” Stats. 1898, sec. 2657. Under this section it has 'been held that “a defendant may plead'as many defenses and counterclaims as he may have, even though they are based upon inconsistent legal theories. With a defense of fraud for which he seeks…
2Cases cited44 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Minnesota v. BarberSupreme Court of the United States · 1890
- Bement v. National Harrow Co.Supreme Court of the United States · 1902
- Patterson v. KentuckySupreme Court of the United States · 1879
- Emert v. MissouriSupreme Court of the United States · 1895
39 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Hartwig v. BitterWisconsin Supreme Court · 1966
- Miranovitz v. GeeWisconsin Supreme Court · 1916
- Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Dolph v. Lennon's, Inc.Oregon Supreme Court · 1923
- Thomas v. Lockwood Oil Co.Wisconsin Supreme Court · 1921
34 more not listed; retrieve them via the Exa API.