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GEROVAC v. HRIBAR TRUCKING, INC.

No. 316.

43 Wis.2d 328 (1969)

168 N.W.2d 863

GEROVAC, Plaintiff and Appellant, v. HRIBAR TRUCKING, INC., Defendant and Respondent: TRAVELERS INSURANCE COMPANY and another, Garnishee Defendants and Respondents.

Supreme Court of Wisconsin.

Decided June 27, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Eisenberg, Kletzke & Eisenberg, attorneys, and Jerome F. Pogodzinski of counsel, all of Milwaukee, and oral argument by Mr. Pogodzinski.

For the defendant-respondent there was a brief by Gerald T. Flynn, attorney, and Weber, Gerard & Bonk of counsel, all of Racine, and oral argument by Myron L. Bonk.

ROBERT W. HANSEN, J.

A rose by any other name smells as sweet, which is because nothing about the rose has been changed except the name given to it. We have here a principal action begun as an action in tort and is now claimed to be an action on contract. But is it?

The fact situation in plaintiff's complaint is alleged to be:

... that the plaintiff, Emil Gerovac, is a masonry and general contractor.

... that the defendant, Hribar Trucking...

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