Roehring v. Huebschmann
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint alleges, in substance, that, pursuant to a single contract and at the request of the defendant, the plaintiffs furnished a specified quantity of earth and gravel and performed a specified amount of labor, which were used and performed'in and about the filling, grading, gravelling and paving of a street and gutter in front of certain lots belonging to the defendant, * at stipulated prices for such materials and…
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APPEAL from the Circuit Court for Milwaukee County. The complaint alleges, in substance, that, pursuant to a single contract and at the request of the defendant, the plaintiffs furnished a specified quantity of earth and gravel and performed a specified amount of labor, which were used and performed'in and about the filling, grading, gravelling and paving of a street and gutter in front of certain lots belonging to the defendant, * at stipulated prices for such materials and labor; that the contract provided that the same should be paid for by the defendant upon the completion of the work;…
1Opinion of the CourtLyON, J.
Ve think that the demurrer was correctly overruled. The complaint states, with sufficient certainty, the agreement between the parties, performance thereof by the plaintiffs, and non performance by the defendant, with the proper demand for judgment. This is sufficient. That the complaint states a valid cause of action seems to us to be too clear for argument.
The complaint states but one cause of action, to wit, a cause of action- for the materials and labor furnished and performed by the plaintiffs for the defendant, pursuant .to a single contract therefor entered into by the partiea It is…
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