Chudnow Construction Corp. v. Commercial Discount Corp.

A demurrer admits the truth of all the allegations of fact in the complaint. Interstate Fire & Casualty Co. v. Milwaukee (1970), 45 Wis. 2d 331, 333, 173 N. W. 2d 187. A complaint should be liberally construed upon demurrer, and sustained when it expressly or by inference states any cause of action. Rogers v. Oconomowoc (1962), 16 Wis. 2d 621, 632, 115 N. W. 2d 635; sec. 263.27, Stats.

Demurrant contends that the writing, Exhibit A, is not a legally binding agreement because no signatures appear upon it and there is no allegation that it was signed. Demurrant does not raise the statute of…