Orton v. Scofield
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. The substance of the pleadings is thus stated by Mr. Justice Oassoday: “The original complaint alleged, in.effect, that the defendant was indebted to the plaintiff in a sum named on account and claim against the defendant and in favor of one Sweet, for services and commissions for the sale of premises described; that such services had been performed by Sweet on express contract with the defendant; and that the claim had been…
Read the full summary
APPEAL from the Circuit Court for Waukesha County. The substance of the pleadings is thus stated by Mr. Justice Oassoday: “The original complaint alleged, in.effect, that the defendant was indebted to the plaintiff in a sum named on account and claim against the defendant and in favor of one Sweet, for services and commissions for the sale of premises described; that such services had been performed by Sweet on express contract with the defendant; and that the claim had been transferred by Sweet to the plaintiff before the commencement of the action; and demanded judgment for the amount. A…
1Opinion of the CourtCassoday, J.
1. The cause of action alleged in the original complaint was quite indefinite and uncertain, but no motion was made to make it more definite and certain. "Whether it was sufficient under the rulings of this court to support a judgment in favor of the plaintiff need not be here considered. Redmon v. Phoenix Fire Ins. Co. 51 Wis. 298, 299. It is sufficient to know that it was susceptible of *384amendment and was amended before trial, and the trial had upon it as amended. It was not a departure from, the cause of action-sought to be alleged in the original complaint, nor did it introduce any new…
2Cases cited11 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Stewart v. MatherWisconsin Supreme Court · 1873
- Scribner v. CollarMichigan Supreme Court · 1879
- Redmon v. Phœnix Fire InsuranceWisconsin Supreme Court · 1881
- Herman v. MartineauWisconsin Supreme Court · 1853
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Red Cypress Lumber Co. v. PerrySupreme Court of Georgia · 1903
- Francis H. Leggett & Co. v. West Salem Canning Co.Wisconsin Supreme Court · 1914
- Friar v. SmithMichigan Supreme Court · 1899
- Wasser v. Western Land Securities Co.Supreme Court of Minnesota · 1906
- Ranney v. DonovanMichigan Supreme Court · 1889
13 more not listed; retrieve them via the Exa API.