Kassien v. Menako

The claim by appellant that the action involves the same issues disposed of in the former action in which Louis Menako was plaintiff and Frank Kassien defendant, which case came here on appeal in Menako v. Kassien, 265 Wis. 269, 61 N. W. (2d) 332, cannot be upheld.

The plain and controlling question now before us is: Did appellant damage respondent’s property and commit waste when he had that property in his possession ? The appellant urges that the issues raised by the pleadings cover the transaction passed upon in the former action, and, further, that the respondent had “his opportunity to…