ACTION ON COVENANT AGAINST INCUMBRANCES, ETC., ON REAL

The above named plaintiff, by Joseph A. Brown, his attorney, complains of the above named defendant, and for cause of action alleges:

That on the

(and sum of

day of —, A. D. 18-, the defendant his wife), for a valuable consideration, to-wit, the dollars, to him fully paid, conveyed by deed to the plaintiff in fee simple, the following described premises, to-wit (describe same).

That said deed contained among other things a covenant, on the part of said defendant in words and figures following, to-wit (here give the same), whereby said defendant covenanted to and with the plaintiff that the said premises described in said deed and above described were, at the time of the ensealing of said deed, and the delivery of the same to the plaintiff, free and clear of, and from all, incumbrances of every kind and nature.

That, at the time of the ensealing and delivery of said deed the said premises were not free and clear of, and from, all incumbrances as in said deed the plaintiff had covenanted, but on the contrary, were subject to the following incumbrance, to-wit: On the day of 18-, a judgment was duly rendered county against said defendant for dollars, in an action therein pending at the in favor of the said

in the circuit court for the sum of

suit of

judgment was on the

the county of

day of

which

, 18, duly docketed in in which said premises are situated; whereby said judgment became a lien on said premises for said sum of dollars, and interest thereon from said date of rendition, and subsequent costs; which said judgment at the time of the ensealing, execution and delivery of said deed remained in full force, unreversed, unpaid and unsatisfied of record and in fact.

And for further breach of said covenant, the plaintiff alleges, that at the time of the ensealing, execution and delivery of said deed the said premises were subject to a tax which theretofore

ACTIONS ON COVENANTS.

had boon daly ass sel, charged and levied thereon by the public authority of said (town), pursuant to law, for the sum of dollars, for the year 1, which tax remained due and unpaid; and the same being linguent, the said premises had on the day of 18 on duly sold by the county treasurer of stil county, for such taxes, costs and charges, for the sum dollars, and a tax cortidato daly issued upon such sale, pursuant to law, which sum was at the time of the ensealing of said deed a lion and incumbrance on said premises for said sum and interest on the same at the rate of twenty-five per cent. from the date of said sale.

of

That by reason of the said premises the plaintiff was obliged to pay and did pay, on the day of -, 18, the sum of dollars, in extinguishing and discharging the lien of said judgment, and on the day of, 18-, the sum of dollars, in redeeming the said lands from said tax sale and

certificate.

Wherefore, the plaintiff demands judgment against the defendant for the sum of - dollars, being the amount paid by him to remove said incumbrances, and interest thereon from the dates of payment aforesaid, and for the costs and disbursements of this action.

(Verification.)

(Signature.)

No. 309. Complaint on breach of covenant for quiet enjoy

ment.

(Title and commencement as in preceding form No. 42.)

That on the

day of

A. D. 18

his wife joining with him, for a valuable consideration to him the defendant, fully paid, conveyed by dead to the plaintiff, the following described premises (describe same).

That said deed contained a covenant on the part of the said defendant, of which the following is a copy (here copy corenant), whereby the defendant covenanted to and with the plaintiff that he, the said defendant was, at the time of the ensealing and execution of said deed and the delivery of the same weil seized of said premises as of an indefeasible estate of inheritance in fee simple, and that he would keep and maintain the plaintiff in the quiet and peaceable enjoyment of the same, against all persons claiming adversely. (This should be alleged in the language of the covenant in the deed.)

That the plaintiff has not been permitted peaceably and quietly to enjoy the same, and the defendant has not maintained and kept the plaintiff in such peaceable and quiet enjoyment; but that on the contrary, one A. B., lawfully claiming the said premises by an elder, paramount and better title, afterwards brought an action in the circuit court of said county against this plaintiff to recover possession of said premises and damages for withholding the same; that in such action such proceedings were duly had that on the day of ——————, A. D. 18—, judgment was duly rendered therein adjudging that the said A. B. was the owner in fee of said premises and entitled to, and that he recover possession of the same with damages for withholding the same, to-wit, the sum of dollars and costs.

That the defendant herein was duly notified of said action, at the commencement thereof, and tendered the defense of the same; nevertheless, the defendant did not defend the same nor maintain the plaintiff in quiet and peaceable possession; but by virtue of said judgment and writ duly issued and executed thereon, the said A. B. lawfully entered upon said premises and ousted the plaintiff therefrom, and still lawfully holds him out of possession, to the plaintiff's damage, dollars; for which, with the costs and disbursements of this action, the plaintiff demands judgment against the defendant. (Verification.)

(Signature.)

NOTE.-The same allegations as to judgment and ouster may be used in a complaint for breach of warranty of title.

ACTIONS ON SIMPLE CONTRACTS.

ACTIONS FOR BREACHES OF CONTRACT FOR EMPLOYMENT, ETC.

No. 301. Complaint for work, labor and services. (Title and commencement as in form No. 42.)

That the defendant is indebted to the plaintiff, for work, labor and services done and performed by the plaintiff, for the defendant, at his request, on and between the

-day of

18—,

in the sum of dollars, which sum the defendant has not paid, uor any part thereof, though often requested; for which sum, with interest and costs of this action, the plaintiff demands judgment against defendant.

(Verification.)

(Signature.)

NOTE. For forms for complaint for services on quantum meruit and where price agreed upon, see Wisconsin Justice, p. 956.

No. 302. Complaint where an employe is discharged, or prevented from fulfilling contract.

(Title and commencement as in form No. 42.)

day of

That on the A. D. 18-, the plaintiff and defendant entered into an agreement in writing (of which a copy is hereto annexed and marked exhibit "A," and made part of this complaint), whereby the plaintiff on his part undertook to render work, labor and services for the defendant as (here state the capacity), for the term of (state period), from the of

day

18-; that in consideration thereof, the defendant therein agreed so to employ the plaintiff during said period, and to pay him for such services at the rate of month (or, year), such wages to be payable monthly.

dollars per

That thereupon the plaintiff entered upon his employment,

under said agreement, and duly discharged the duties thereof, until the day of —————————, 18—, on which day the defendant, discharged him from such employment, without cause or excuse. That the plaintiff has ever since been and still is willing and ready to perform all the conditions and requirements of said agreement on his part.

That the defendant then refused and still refuses to allow him so to do, or to pay him therefor, to the plaintiff's damage, dollars; for which sum, and the costs and disbursements of this action, the plaintiff demands judgment against the defendant. (Verification.)

(Signature.)

No. 303. Complaint by employer where employee refuses to

at

serve.

(Title and commencement as in form No. 42.) That, heretofore, and on the

day of

A. D. 18-,

the plaintiff and defendant entered into an agreement, in writing, whereby it was agreed:

1. That the defendant, on his part, should render, and he therein agreed to render, his personal services to the plaintiff as (salesman) (or state the capacity or nature of the services) for the term of (one year) from the 2. That in consideration whereof the plaintiff should pay defendant for such services, duly done and rendered, at the rate of dollars per month.

day of

18-.

That the plaintiff has duly performed all the conditions of said agreement on his part to be performed, and has ever been ready and willing to employ the defendant, and has offered to do so, and requested him to enter upon said employment and to perform the said agreement, which the defendant has wholly refused to do, to the plaintiff's damage, the sum of - dollars; for which, with costs and disbursements of this action, the plaintiff demands judgment.

(Verification.)

(Signature.)

No. 304. Complaint against a builder for not completing his contract, special damages.

(Title and commencement as in No. 42.)

That on the

day of

A. D. 18-, at

the

plaintiff and defendant entered into an agreement, in writing,