Fisk v. Tank
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Brown County. The complaint alleged, that on the 15th of May, 1855, the defendants, Tank and Verbech, were partners, under the name of the “Howard Foundry,” and in that name, in consideration of $5,300, to be paid, one-fourth, as defendants should require it during the progress of the work therein-after named, one-fourth after the same was duly completed, tried and approve^ by the plaintiff, and the balance in three and six months…
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APPEAL from, the Circuit Court for Brown County. The complaint alleged, that on the 15th of May, 1855, the defendants, Tank and Verbech, were partners, under the name of the “Howard Foundry,” and in that name, in consideration of $5,300, to be paid, one-fourth, as defendants should require it during the progress of the work therein-after named, one-fourth after the same was duly completed, tried and approve^ by the plaintiff, and the balance in three and six months thereafter, agreed with the plaintiff to construct and set up on the steamboat, “ Fannie Fisk,” two steam engines and boiler,…
1Opinion of the Court
By the Court,
Dixon, C. J.
The appellant’s application to the court to compel the respondent to elect upon which of the claims stated in his complaint he would proceed, and to *299abandon the residue, was properly denied by the court. The complaint is not, as seems to have been supposed by the appellant’s counsel, either double or multifarious. It does not contain a statement of several distinct causes of action improperly blended together, or of separate injuries to different chattels, or separate demands upon different contracts, as upon two or more promissory notes, or a note and book account,…
2Cases cited2 opinions
- Carmalt v. PostSupreme Court of Pennsylvania · 1839
- Whitmam v. WoodWisconsin Supreme Court · 1858
3Cited by39 opinions
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Becker v. ChesterWisconsin Supreme Court · 1902
- Boothby v. ScalesWisconsin Supreme Court · 1871
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Robinson Machine Works v. ChandlerIndiana Supreme Court · 1877
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