Legal Opinion
Kohlenberg v. American Plumbing Supply Co.
Wisconsin Supreme Court
Decided March 7, 1978No. 75-881PublishedCited by 40 opinions
1Opinion of the CourtHanley, J.
The following issues are raised on appeal:
1. Whether the trial court erred in concluding that the plaintiff’s oral statements modified the renewal note so as to permit the defendant to prepay the amount due?
2. Whether the tender of an amount less than that due on the note, at the time of tender, was sufficient to discharge the defendant’s liability for interest due on the amount tendered and for attorney’s fees ?
3. Whether the plaintiff was entitled to reasonable attorney’s fees?
Oral Modification of Terms of Payment
At the end of the trial, the court made the following findings and conclusions:
2Cases cited9 opinions
- Federal Deposit Insurance v. First Mortgage InvestorsWisconsin Supreme Court · 1977
- M & I Bank v. First American National BankWisconsin Supreme Court · 1977
- Widemshek v. FaleWisconsin Supreme Court · 1962
- Chicago & North Western Transportation Co. v. Thoreson Food Products, Inc.Wisconsin Supreme Court · 1976
- City of Beloit v. Towns of BeloitWisconsin Supreme Court · 1970
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
- Kremers-Urban Co. v. American Employers Insurance Co.Wisconsin Supreme Court · 1984
- Fehring v. Republic InsuranceWisconsin Supreme Court · 1984
- Bank of Sun Prairie v. OpsteinWisconsin Supreme Court · 1979
- Winkelman v. Beloit Memorial HospitalWisconsin Supreme Court · 1992
35 more not listed; retrieve them via the Exa API.