Wisconsin Supreme Court, 1887

Divan v. Loomis

Wisconsin Supreme Court · Decided February 1, 1887 · Cassodat

68 Wis. 150; 31 N.W. 760; 1887 Wisc. LEXIS 77

Cases that cite this one

6 later published cases cite this decision.

Heidel v. Shute (Or. 1917)
Rochford v. School Dist. No. 11 (S.D. 1903)
Brossard v. Williams (Wis. 1902)
Glocke v. Glocke (Wis. 1902)
Beckman v. Beckman (Wis. 1894)
Morgan v. Loomis (Wis. 1891)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Cassodat, J.

It is said that the complaint is insufficient because it fails to aver any request of Loomis to comply *152with the terms of the alleged agreement. An allegation of refusal implies a previous demand, and is equivalent to an allegation of a demand and a refusal. Hammond v. Mason & H. O. Co. 92 U. S. 724; Bogie v. Bogie, 41 Wis. 220. This being so, the breach is sufficiently alleged. Such agreement to furnish Smith a home, and to take care of and assist him to live in a comfortable manner, was personal upon the part of Loomis, and could not be shifted onto Trickle, against the will and-consent of Smith.

By the Court.— The order of the circuit court is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.