Herning v. Wigger

AREND, Justice.

This suit was instituted by Walter Wig-ger as plaintiff to enforce certain contrae-' tual obligations which he alleged the defendants Herning and Horner owed to him. Upon issue joined and trial had to the court, findings of fact and judgment were rendered in favor of the plaintiff, and the, defendants have appealed, contending, among, other things, that there was a failure of ¡consideration from the plaintiff and that,the parties mutually rescinded the contract which contained the obligations sued upon.

It appears from the trial court’s findings that in August of 1957 the…