CHIMEKAS v. MARVIN


25 Wis.2d 630 (1964)

CHIMEKAS and others, Appellants, v. MARVIN and wife, Respondents.

Supreme Court of Wisconsin.

November 24, 1964.


Attorney(s) appearing for the Case

For the appellants there was a brief by Hersh & Magidson, attorneys, and Harry Lensky and Robert L. Hersh of counsel, all of Milwaukee, and oral argument by Arthur B. Magidson.

For the respondents there was oral argument by Joseph W. Weigel of Milwaukee.


CURRIE, C. J.

The trial court correctly held that the cause of action attempted to be pleaded in the complaint was one at law for fraud. While the word "warranted" is used in one place and "breach of warranty" in another, the other allegations clearly establish the nature of the action as one in tort for fraud and not in contract for breach of warranty.

While the complaint alleges that plaintiffs Chimekas assigned all their rights under the contract to plaintiffs...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases