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CHERNIN v. INTERNATIONAL OIL CO.

261 Wis. 308 (1952)

CHERNIN, Respondent, vs. INTERNATIONAL OIL COMPANY and another, Appellants. [Two cases.]

Supreme Court of Wisconsin.

April 8, 1952.

Attorney(s) appearing for the Case

For the appellants there were briefs by Whyte, Hirschboeck & Minahan, attorneys, and Victor M. Harding of counsel, all of Milwaukee, and oral argument by Mr. Harding.

For the respondents there was a brief by Charles C. Hiken and Gold & McCann, and oral argument by Richard A. McDermott, all of Milwaukee.

CURRIE, J.

The principal defendants in these two garnishment actions sought to secure a dismissal of the garnishment proceedings on their motions for summary judgment on the ground that the complaints in the principal actions failed to state a cause of action "for damages, founded upon contract." It is conceded by all parties that unless the principal action is one "for damages, founded upon contract" as required by sec. 267.01 (3), Stats., the instant garnishment...

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