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BOLTON v. CHICAGO TITLE & TRUST CO.

No. 255.

64 Wis.2d 714 (1974)

221 N.W.2d 911

BOLTON, Plaintiff, v. CHICAGO TITLE & TRUST COMPANY, Defendant and Third-Party Plaintiff and Respondent: WALSH, Third-Party Defendant and Appellant.

Supreme Court of Wisconsin.

Decided October 1, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by Hersh & Stupar, S. C., attorneys, and Russell R. Stepke of counsel, all of Milwaukee, and oral argument by Mr. Stepke.

For the respondent there was a brief by Reinhart, Boerner, Van Deuren & Norris, S. C., attorneys, and William R. Steinmetz of counsel, all of Milwaukee, and oral argument by Mr. Steinmetz.

CONNOR T. HANSEN, J.

A single issue is dispositive of this action: May a third-party defendant seek affirmative relief by counterclaim against a third-party plaintiff when such relief does not involve or affect the contract, transaction or property which is the subject matter of the action or relate to the occurrence out of which the action arose?

The appellant vigorously argues that the provisions of sec. 263.14 (1), Stats., are applicable to the action on...

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