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34 Wis. 185

Roehring v. Huebschmann

Wisconsin Supreme Court

Decided January 15, 1874

Wisconsin Supreme Court · decided 1874-01-15

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…

Cited by 2 later decisions — most recently November 1906

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1874-01-15

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LyON, J.

¶1Ve 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.

¶2The 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 quite immaterial that the claim of the plaintiffs consists of several items. It arises out of one contract, and the items together constitute but a single cause of action.

¶3The order overruling the demurrer must be affirmed.

¶4By the Court. —Order affirmed.

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