State Medical Society of Wisconsin v. Associated Hospital Service, Inc.

The trial court interpreted this contract dispute in favor of the State Medical Society. The appellant, Blue Cross, disagrees with that interpretation and also urges that it is entitled to recover either on the theory of novation or under an approach of quantum meruit.- We find nothing in the record to suggest that there has been a novation. A no-vation contemplates a substitution of a new contract for a previous one, and this is simply not consistent with the facts of the instant case. Spycher v. Werner (1889), 74 Wis. 456, 458, 43 N. W. 161.

There is no basis for an allowance in favor of…