Manningt v. Galland-Henning Pneumatic Malting Drum Manufacturing
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Appeal by defendant from order overruling demurrer to tbe complaint on tbe ground of misjoinder of actions.
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Appeal from an order of tbe circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Appeal by defendant from order overruling demurrer to tbe complaint on tbe ground of misjoinder of actions. Tbe complaint in one count alleges, in substance, tbe following: That in and prior to 1891 tbe defendant was tbe owner of letters patent covering a certain drum system of pneumatic malting and tbe machinery and process thereof, known as tbe Galland-Henning patent drum system; that on March tJ> 1891, for a present money consideration, said defendant granted, through certain assignors, to a…
1Opinion of the CourtDodge, J.
The complaint concededly declares a cause of action to recover the amounts agreed to be paid upon the con*202tract of 1898 both for' royalties upon sales made by the defendant during the term of that contract and for moneys collected from other infringers of plaintiff’s territory. It is not contended that these two grounds of recovery, if they constitute separate causes of action, are not properly joinable, since they are indebtedness promised to be paid by the same contract. Reindl v. Heath, 109 Wis. 570, 85 N. W. 495. There is joined in the complaint also a claim to recover the damages to the…
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