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RITTERBUSCH v. RITTERBUSCH

No. 92.

50 Wis.2d 633 (1971)

184 N.W.2d 865

RITTERBUSCH, Respondent, v. RITTERBUSCH and others, Appellants.

Supreme Court of Wisconsin.

Decided March 30, 1971.

Attorney(s) appearing for the Case

For the appellants there was a brief by Smith & Sarafiny of Hartford, and oral argument by George E. Smith.

For the respondent there was a brief by O'Meara & O'Meara of West Bend, and oral argument by Thomas O'Meara, Jr.

ROBERT W. HANSEN, J.

The sole question here is: Does the complaint state a cause of action against the defendants? At the demurrer stage, the facts alleged in the complaint are to be assumed to be true.1 The fact that the plaintiff may have difficulty in proving such facts cannot be considered.2 Only the legal premises are contested.3...

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