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KRANJEC v. WEST ALLIS

267 Wis. 430 (1954)

KRANJEC, Appellant, vs. CITY OF WEST ALLIS and others, Respondents.

Supreme Court of Wisconsin.

October 5, 1954.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Robert J. Beaudry, attorney, and William B. Rubin of counsel, both of Milwaukee.

For the respondent city of West Allis there was a brief by George A. Schmus, city attorney, and Charles G. Panosian, assistant city attorney, and oral argument by Mr. Schmus.

For the respondent Kearney & Trecker Corporation there was a brief by Bendinger, Hayes & Kluwin, attorneys, and Maxwell H. Herriott and Donald J. Tikalsky of counsel, all of Milwaukee, and oral argument by Mr. Herriott.

BROADFOOT, J.

The main question presented is this: Does the complaint state facts sufficient to constitute a cause of action?

The alleged infirmities of the lease are set forth in paragraph V of the complaint, which is set out above. Some of the alleged infirmities are conclusions of law and not admitted by the demurrers. In no instance is there cited any statute that has been violated; fraud or bad faith on the part...

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