Mariner v. Wiens
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Laweence W. Halsey, Circuit Judge. This is an action for the recovery of a balance of $701.65, with accrued interest, alleged to he due upon an express contract.
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Appeal from a judgment of the circuit court for Milwaukee county: Laweence W. Halsey, Circuit Judge. This is an action for the recovery of a balance of $701.65, with accrued interest, alleged to he due upon an express contract. Prior to March 17, 1898, defendant was engaged in business under the firm name of A. R. Wiens & Co. On that day there was due for rent to the plaintiff from the defendant the sum of $751.65. By a contract executed on that day defendant agreed, beginning May 1st of that year, to make monthly payments of at least $50 on the amount due, in addition to the monthly rent to…
1Opinion of the CourtSiebeokeR, J.
The finding'of the trial court to the effect that the agreement of March 11, 1898,.was in fact executed *639.and delivered by the parties as a sealed instrument is challenged as not supported by the evidence. The evidence on the subject is confined to the parties to the action and conflicts ■ as to the facts pertaining to the execution of the instrument. The lower court having found as above stated, its conclusion must stand unless we can say that the finding is against the ■ clear preponderance of the evidence. • Counsel for appellant frankly concede the rule to be that if the instrument was…
2Cases cited2 opinions
- Jacobs v. SpaldingWisconsin Supreme Court · 1888
- Dwinelle v. . EdeyNew York Court of Appeals · 1886
3Cited by3 opinions
- DeBauche v. City of Green BayWisconsin Supreme Court · 1938
- Milwaukee County v. Badger Chair & Furniture Co.Wisconsin Supreme Court · 1936
- Mitchell Properties, Inc. v. City of MilwaukeeWisconsin Supreme Court · 1944