Lutz v. Dunn

The judgment below cannot be supported on any theory of novation, it being undisputed that Dunn did not at any time release or agree to release Paster-nick from the judgment obligation, and there was no showing of any express or implied agreement that there should be such novation by the required three, the creditor, the old and new debtors. Peters v. Kanzenbach, 175 Wis. 602, 604, 185 N. W. 197; Elkey v. Seymour, 169 Wis. 223, 229, 172 N. W. 138; T. W. Stevenson Co. v. Peterson, 163 Wis. 258, 261, 157 N. W. 750; Bishop-Babcock-Becker Co. v. Keeley, 160 Wis. 546, 548, 152 N. W. 189; Hemenway…