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HARTFORD FIRE INS. CO. v. OSBORN PLUMBING

No. 350.

66 Wis.2d 454 (1975)

225 N.W.2d 628

HARTFORD FIRE INSURANCE COMPANY, Plaintiff, v. OBORN PLUMBING & HEATING, INC., Defendant and Third-Party Plaintiff and Appellant: KNODLE and others, d/b/a KNODLE, ROSE & ASSOCIATES, Defendants and Respondents: MOTT BROTHERS COMPANY, Third-Party Defendants.

Supreme Court of Wisconsin.

Decided February 4, 1975.

Attorney(s) appearing for the Case

For the third-party plaintiff-appellant there was a brief by Mark L. Korb and Campbell, Brennan, Steil & Ryan, S. C., all of Janesville, and oral argument by Mr. Korb.

For the third-party defendant-appellant there was a brief by John P. Graves, Jr., and Korf, Pfeil & Graves, all of Elkhorn.

For the defendant-respondents there were briefs by Eli Block and Eli Block Law Offices, all of Janesville, and oral argument by Mr. Block.

HANLEY, J.

Two issues are presented upon this appeal:

1. Did the trial court err in determining that the appellant was not entitled to contribution from the respondents because the statute of limitations had run?

2. Did the respondents waive the defense of the statute of limitations as an affirmative defense to the claim for contribution?

Question of contribution.

Osborn cross-complained...

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