BOEHM v. WHEELER

No. 312.

65 Wis.2d 668 (1974)

223 N.W.2d 536

BOEHM and others, Appellants, v. WHEELER (Allan B.), and others, d/b/a Wheeler, House & Wheeler, and another, Respondents: WHEELER (S. Lawrence), Defendant.

Supreme Court of Wisconsin.

Decided November 26, 1974.


Attorney(s) appearing for the Case

For the appellants there was a brief by Foley & Capwell, S. C. of Racine, and oral argument by Rex Capwell.

For the defendants-respondents Allan B. Wheeler and Joseph P. House there was a brief by Michael, Best & Friedrich, attorneys, and Andrew O. Riteris of counsel, all of Milwaukee, and oral argument by Mr. Riteris; and for the defendant-respondent Ronald E. Barry there was a brief by Hayes & Hayes, and oral argument by Ronald L. Piette, all of Milwaukee.


HANLEY, J.

The following issues are presented on this appeal:

1. May a demurrer to a complaint be sustained on the basis that the claim is barred by the applicable statute of limitations notwithstanding the absence of any allegation in the body of the complaint setting forth the date such action was commenced?

2. When did the plaintiffs' causes of action accrue for purposes of determining when the statute of limitations began to run?

3. Does...

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