Chernin v. International Oil Co.

The principal defendants in these two garnishment actions sought to secure a dismissal of the garnishment proceedings on their motions for summary judgment on the ground that the complaints in the principal actions failed to state a cause of action “for damages, founded upon contract.” It is conceded by all parties that unless the principal action is one “for damages, founded upon contract” as required by sec. 267.01 (3), Stats., the instant garnishment actions cannot be maintained.

The principal defendants, as a part of their motion papers, attached as exhibits thereto, copies of the…