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SCHMIDT v. SCHABOW

265 Wis. 154 (1953)

SCHMIDT, Respondent, vs. SCHABOW, Appellant.

Supreme Court of Wisconsin.

November 3, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief by Winter & Winter of Shawano, and oral argument by Douglas D. Winter.

For the respondent there was a brief by Eberlein & Eberlein of Shawano, and oral argument by Frederic C. Eberlein.

GEHL, J.

As appears from the foregoing, the case was tried upon the theory that the defendant was or was not guilty of negligence in his failure to place enough oil in the crankcase for the proper operation of the motor. The case should not have been tried upon that theory. When the plaintiff requested the defendant to fill her crankcase and the defendant undertook to do so they assumed the relationship of contractors. If the defendant failed to do so his failure...

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