Lynch v. Austin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Clark County. TJnder a contract with a certain building committee of a church society, the defendants erected an edifice for the society, and the plaintiff did work thereon for the defendants to the value of $70. Of this sum only five dollars has been paid. The plaintiff brought this action before a justice of the peace for the balance, and recovered a part of his claim.
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APPEAL from the Circuit Court for Clark County. TJnder a contract with a certain building committee of a church society, the defendants erected an edifice for the society, and the plaintiff did work thereon for the defendants to the value of $70. Of this sum only five dollars has been paid. The plaintiff brought this action before a justice of the peace for the balance, and recovered a part of his claim. The defendants appealed to the circuit court, and filed an amended answer. The answer admits that plaintiff performed the labor for them on the church to the value of $70. It avers payment,…
1Opinion of the CourtLyoit, J.
The evidence is all directed to the issue of novation made by the answer. Independently of the evidence on that issue, there is none tending to prove payment of the plaintiff’s demand. Unless, therefore, a valid novation was established, the plaintiff should have recovered. The defendant Austin testified to the novation as follows: “ Kerns and Bruley agreed to pay the claim, and lynch agreed to take them for payment, and I credited Kerns and Bruley with the amount of $70.” The defendant Montgomery testified that the plaintiff said to him that he (the plaintiff) could get his money out of the…
2Cited by5 opinions
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