De Groot v. Veldboom
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sheboy-gan county: Michael KibwaN, Circuit Judge. Replevin and counterclaim. The material facts are as follows: On May 12, 1914, the plaintiff was the owner of a small tract of land. At the same time the defendant was the owner of a threshing-machine outfit.
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Appeal from a judgment of the circuit court for Sheboy-gan county: Michael KibwaN, Circuit Judge. Replevin and counterclaim. The material facts are as follows: On May 12, 1914, the plaintiff was the owner of a small tract of land. At the same time the defendant was the owner of a threshing-machine outfit. On said day the plaintiff and the defendant agreed upon an exchange of their property, by which the plaintiff was to deed to the defendant the real estate, and the defendant was to convey to the plaintiff by bill of sale the threshing outfit and to pay in addition thereto the sum of $575.…
1Opinion of the CourtRoseNberry, J.
Plaintiff contends (1) that the matters set out in the counterclaim are not pleadable as such under sec. 2656, Stats. We shall not set out that section here. Suffice it to say that.it provides that a counterclaim may be interposed where it sets out a cause of action arising out of a contract or transaction set forth in the complaint as the foundation of the plaintiffs claim or connected with the subject of the action. No contract or transaction is set forth in the complaint, but we think the cause of action set forth in the counterclaim is clearly connected with the subject of the action, as…
2Cases cited3 opinions
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Bowe v. GageWisconsin Supreme Court · 1906
- Brennan v. HealyWisconsin Supreme Court · 1914
3Cited by2 opinions
- Elder v. SageWisconsin Supreme Court · 1950
- Massey v. RichmondWisconsin Supreme Court · 1932