Eggert v. Kullmann

The following opinion was filed January 13, 1931:

Fowler, J.

The plaintiff alleges as error (1) the dismissal of the complaint as to the defendant landowners and (2) the granting of the new trial as to the defendant contractor, and contends that upon the verdict he is entitled to judgment against the contractor upon the cause of action based upon the alleged agreement of the contractor to protect his building.(1) Neither party requested submission to the jury of any question respecting ownership or adverse possession of the ten-inch s,trip. Under sec. 270.28, Stats., these questions were…