¶1It must be confessed that the rules of pleading under the Code are exceedingly liberal. Being so, there would seem to be no good reason for enlarging the statutory liberality by construction. I am not aware of any reported case in any state having a Code like ours, holding a complaint for breach of contract good on demurrer which contained no allegation of the breach. Unwilling to join in initiating this new departure from a well-established rule of pleading, I am necessarily forced to dissent.
62 Wis. 655
Rossiter v. Schultz
Decided March 31, 1885
Wisconsin Supreme Court · decided 1885-03-31
<p> Pleading: Sale: Allegation of nonpayment. </p> <p>A complaint alleging the sale and delivery of property by the plaintiff to the defendant at an agreed price, and demanding judgment for such price, is sufficient, although it does not allege that no part of such purchase price has been paid. Cassoday, J., dissents.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1885-03-31
How this case has been cited
Cited by 4 later decisions — most recently September 1903
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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