Whereatt v. Ellis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Claire County. The complaint states three causes of action. The substance of the first will appear from the opinion. The second -and third were based upon accounts for services rendered by the plaintiff to the defendant at the instance and request of the latter.
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APPEAL from the Circuit Court for Eau Claire County. The complaint states three causes of action. The substance of the first will appear from the opinion. The second -and third were based upon accounts for services rendered by the plaintiff to the defendant at the instance and request of the latter. The defendant demurred to the whole complaint ■on the ground that several causes of action were improperly united, and to the first cause of action generally, and on the ground that as to such cause of action there is a defect of parties in that the several persons who, under the agreement set…
1Opinion of the Court
Oole, O. J.
Whether there is an improper joinder of causes of action in the complaint depends entirely on the question whether the first cause of action is one in tort or on contract. If it is of the latter character it is conceded there is no misjoinder. The statement of the first cause of action, in substance, is that some time in the fall of 1881 the defendant was possessed of, and had the control and management of, a number of farms, which he desired to let to tenants to farm on shares the next year; that he then made an oral agreement wfith the plaintiff if the latter would find tenants,…
2Cases cited3 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Greentree v. . RosenstockNew York Court of Appeals · 1875
- Lane v. CameronWisconsin Supreme Court · 1875
3Cited by7 opinions
- Barndt v. FrederickWisconsin Supreme Court · 1890
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Billingsley v. HarrisWisconsin Supreme Court · 1891
- Bogle v. GordonSupreme Court of Kansas · 1888
- Lindskog v. SchouweilerSouth Dakota Supreme Court · 1899
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