Rietzloff v. Glover
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Croix •county: E. 13. Btody, Circuit Judge. Glover owned a farm, which he leased to one Sweet. The lease contains this provision: “Said first party [Glover] agrees to furnish such money as shall be necessary to carry on the said farm during the coming season or any subsequent season.” There was also a proviso that Sweet should pay interest on all money advanced to him under this proviso of the lease.
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Appeal from a judgment of the circuit court for St. Croix •county: E. 13. Btody, Circuit Judge. Glover owned a farm, which he leased to one Sweet. The lease contains this provision: “Said first party [Glover] agrees to furnish such money as shall be necessary to carry on the said farm during the coming season or any subsequent season.” There was also a proviso that Sweet should pay interest on all money advanced to him under this proviso of the lease. Sweet employed the respondent upon the farm. When respondent quit work, Sweet owed him $81.90, for which he gave him what he calls “ a time…
1Opinion of the CourtNewmaN, J.
Glover could not be bound by his oral promise to pay the debt of Sweet to the respondent (R. S. sec. 2307; Willard v. Bosshard, 68 Wis. 454) unless the whole transaction amounted to a novation. Novation, as applied to this case, means simply the substitution of a new debtor in the place of an old one, with intent to release the old one. This transaction did not amount to a novation for two reasons: (1) Sweet’s debt to respondent was not extinguished, so there was no substitution of debtors in fact (Guiehard *67v. Brande, 57 Wis. 534; 16 Am. & Eng. Ency. of Law, 864, and cases cited in note 3;…
2Cases cited3 opinions
- Guichard v. BrandeWisconsin Supreme Court · 1883
- Willard v. BosshardWisconsin Supreme Court · 1887
- Gaston v. OwenWisconsin Supreme Court · 1877
3Cited by4 opinions
- H. G. Kilbourne Co. v. Standard Stamp Affixer Co.Massachusetts Supreme Judicial Court · 1913
- State Bank of Eastman v. RawsonWisconsin Supreme Court · 1924
- Iowa County Bank v. GraberWisconsin Supreme Court · 1926
- Security National Bank of Sioux City v. St. Croix Power Co.Wisconsin Supreme Court · 1905