Kramer v. Burlage

Appellant claims that the bank waived its lien by permitting the mortgagor to sell the property; that Burlage’s promise to the bank was a special promise to answer for the debt of another and void under sec. 241.02, Stats., because not in writing; that if the bank be allowed to keep $1,300 of the proceeds, the plaintiff is entitled to the remainder excepting the $48.25 exemption; and that if the bank and Dressens are both paid in full, there would still be something left over in the hands of the garnishee to which plaintiff would be entitled.

Respondents’ position is that the bank’s consent to…