Legal Opinion

Sterling Engineering & Construction Co. v. Miller

Wisconsin Supreme Court

Decided October 24, 1916PublishedCited by 4 opinions

Appeal from an order of the circuit court for Milwaukee county: Oscae M. Eeitz, Circuit Judge. The appeal is from an order overruling demurrers to two separate causes of action in plaintiff’s amended complaint. The substance of the complaint is that the plaintiff corporation owned and desired to sell certain real estate in the city of Milwaukee.

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Appeal from an order of the circuit court for Milwaukee county: Oscae M. Eeitz, Circuit Judge. The appeal is from an order overruling demurrers to two separate causes of action in plaintiff’s amended complaint. The substance of the complaint is that the plaintiff corporation owned and desired to sell certain real estate in the city of Milwaukee. It placed the sale with certain real-estate dealers prior to December 1, 1911. On that date the defendant Routt brought the defendant Miller to plaintiff to purchase the property, and during the subsequent negotiations the following representations…

1Opinion of the Court

Esciiweilee, I.

Nrom the foregoing statement of the facts relied upon by plaintiff to maintain this lawsuit it is apparent that all could have been stated as one cause of action which resulted in several items of damage.

*195The allegations of tbe complaint are sufficient to support an action for false representations. Woteshek v. Neuman, 151 Wis. 365, 138 N. W. 1000; Brown v. Ocean A. & G. Corp. 153 Wis. 196, 140 N. W. 1112; Westra v. Roberts, 156 Wis. 230, 145 N. W. 773; Rogers v. Rosenfeld, 158 Wis. 285, 149 N. W. 33; Winnek v. Moore, ante, p. 53, 159 N. W. 558.

In the so-called first cause of…

2Cases cited8 opinions

  1. Stewart v. MatherWisconsin Supreme Court · 1873
  2. McCabe v. JonesWisconsin Supreme Court · 1910
  3. Brown v. Ocean Accident & Guarantee Corp.Wisconsin Supreme Court · 1913
  4. Rogers v. RosenfeldWisconsin Supreme Court · 1914
  5. Woteshek v. NeumanWisconsin Supreme Court · 1912

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Pederson v. JohnsonWisconsin Supreme Court · 1919
  2. Hilgendorf v. SchumanWisconsin Supreme Court · 1939
  3. Weller v. Phillip Gross Realty Co.Wisconsin Supreme Court · 1921
  4. Hunter v. SuttonNevada Supreme Court · 1922

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