Schultz v. Kosbab
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sliawano ■county: Joi-iN GoodlaND, Circuit Judge. Tbis action was commenced before a justice of tbe peace, where issue was joined and trial bad and judgment was entered in favor of tbe defendant, from wbicb tbe plaintiff appealed to tbe circuit court.
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Appeal from a judgment of tbe circuit court for Sliawano ■county: Joi-iN GoodlaND, Circuit Judge. Tbis action was commenced before a justice of tbe peace, where issue was joined and trial bad and judgment was entered in favor of tbe defendant, from wbicb tbe plaintiff appealed to tbe circuit court. A trial by jury being waived in that court, tbe cause was retried, and at tbe close of tbe trial the court found as matters of fact, in effect: That on June 28, 1902, tbe plaintiff and defendant entered into an oral agreement whereby tbe plaintiff was to purchase tbe defendant’s farm, with all the…
1Opinion of the CourtCassoday, C. J.
The complaint alleges two causes of action — one for money had and received June 28, 1902, and the other upon a note given by the defendant twenty months afterwards in settlement of the same claim. The answer takes issue with the first cause of action, and claims that the second cause of action should be abated because it is based upon the same cause of action as the first. The two counts, are consistent with each other, and under the statutes and the repeated decisions of this court they were properly united in the same complaint. Secs. 2646, 2647, Stats. 1898; Curtis v. Moore, 15 Wis. 134;…
2Cases cited11 opinions
- Estate of KesslerWisconsin Supreme Court · 1894
- Harney v. BurhansWisconsin Supreme Court · 1895
- Martin v. Estate of MartinWisconsin Supreme Court · 1900
- Whitney v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Clark v. DavidsonWisconsin Supreme Court · 1881
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3Cited by2 opinions
- Astin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Leitzell v. PeterUtah Supreme Court · 1938