DRAEGER v. JOHN LUBOTSKY MOTOR SALES

No. 224.

56 Wis.2d 419 (1972)

202 N.W.2d 20

DRAEGER, Appellant, v. JOHN LUBOTSKY MOTOR SALES, INC., and others, Respondents.

Supreme Court of Wisconsin.

Decided November 28, 1972.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Bruce C. O'Neill of Milwaukee.

For the respondents John Lubotsky Motor Sales, Inc., and Sam Marcus there was a brief and oral argument by Dominick D. Zurlo of Milwaukee.


HANLEY, J.

The sole issue on this appeal is whether the trial court erred in sustaining defendants' demurrers to the amended complaint on the ground that it did not state a cause of action for punitive damages.

It has long been established in Wisconsin that:

"`... A prayer for relief is no substantive part of a complaint and the fact that the plaintiff "asks for more relief than that which his pleaded facts entitle him to have is not reached by demurrer...

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