Gaston v. Owen
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Ecm Claire County. The complaint in this action alleges that during the whole period therein mentioned, one A. J. McCann was putting in logs for the defendant in the Chippewa river, defendant agreeing to furnish McCann supplies for that purpose.
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APPEAL from tbe Circuit Court for Ecm Claire County. The complaint in this action alleges that during the whole period therein mentioned, one A. J. McCann was putting in logs for the defendant in the Chippewa river, defendant agreeing to furnish McCann supplies for that purpose. It then sets forth a sale by plaintiff to McCann of a quantity of hay at the agreed price of $150; that, on a certain day thereafter, defendant was indebted to McCann in a sum exceeding that amount; that it was thereupon agreed between McCann and the parties to this action, that defendant should and would pay…
1Opinion of the CourtRyan, C. J.
The question on the statute of frauds, discussed in the briefs of counsel, does not appear to arise in this case. As suggested on the argument by the learned counsel for the respondent, the case made by the complaint is clearly one of novation, going upon the substitution of the respondent for McCann, as debtor to the appellant. The complaint contains the averments material to such a case, and excludes any other liability of the respondent.
It avers that, at the time of the substitution, the respondent was indebted to McCann in as large an amount as McCann was indebted to the appellant. This…
2Cases cited1 opinion
- Andrews v. PowersWisconsin Supreme Court · 1874
3Cited by2 opinions
- Komorowski v. KrumdickWisconsin Supreme Court · 1882
- Rietzloff v. GloverWisconsin Supreme Court · 1895