Boutin v. Andreas
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Bayfield county: G-. N. Risjobd, Circuit Judge. Action to recover for breach of contract. Plaintiff claimed defendants breached their warranty respecting a heating plant installed in his residence.
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Appeal from a judgment of tbe circuit court for Bayfield county: G-. N. Risjobd, Circuit Judge. Action to recover for breach of contract. Plaintiff claimed defendants breached their warranty respecting a heating plant installed in his residence. They alleged acceptance of the work and counterclaimed for $163 on a completed contract for furnishing and installing new boilers and connections in place of existing ones, same to be accepted in full satisfaction for any claim he had for damages in respect to the subject mentioned in the complaint. He replied, admitting the contract to install new…
1Opinion of the CourtMarshall, J.
Did tbe court err in refusing to permit plaintiff to discontinue ?
Appellant’s counsel support tbe affirmative of tbe question stated upon tbe theory that a plaintiff, before submission of bis case, has an absolute right to dismiss without prejudice to trial of tbe issue on tbe counterclaim in case of there being one. Tbe law is otherwise as declared in State ex rel. Milwaukee v. Ludwig, 106 Wis. 226, 82 N. W. 158; Anderson v. Horlick’s M. M. Co. 137 Wis. 569, 119 N. W. 342. Earlier cases, such as McLeod v. Bertschy, 33 Wis. 176, to tbe effect that a plaintiff, as to bis own claim has an…
2Cases cited3 opinions
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
- Anderson v. Horlick's Malted Milk Co.Wisconsin Supreme Court · 1909
- McLeod v. BertschyWisconsin Supreme Court · 1873
3Cited by6 opinions
- State v. KenyonWisconsin Supreme Court · 1978
- Guinther v. City of MilwaukeeWisconsin Supreme Court · 1935
- Russell v. JohnsonWisconsin Supreme Court · 1961
- Obermeier v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1922
- Nelson v. DevneyCourt of Appeals for the Seventh Circuit · 1939
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