Lepley v. Andersen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rusk •county: JohN K. Paeish, Circuit Judge. Action to recover $500, money had and received. Complaint in the usual form. The defendant answered admitting receipt of the money, but claiming that it was received as collecting agent under an agreement, that he should have half for making the collection and the right to apply the other half on a claim he had for collection for another party against the plaintiff.
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Appeal from a judgment of the circuit court for Rusk •county: JohN K. Paeish, Circuit Judge. Action to recover $500, money had and received. Complaint in the usual form. The defendant answered admitting receipt of the money, but claiming that it was received as collecting agent under an agreement, that he should have half for making the collection and the right to apply the other half on a claim he had for collection for another party against the plaintiff. Defendant established his defense, prima, facia, by introducing in evidence a written contract between himself and a former partner on…
1Opinion of the Court
Tbe following opinion was filed March 15, 1910:
Maeshall, J.
The principal point made on the appeal, is that the rule permitting respondent to testify to the verbal agreement, contradicting the writing which purported to fix the rights of the parties regarding appellant’s compensation, was erroneous since, by a familiar principle, a written contract cannot be varied or contradicted by evidence of verbal communications prior to the making thereof or contemporaneous therewith.
The rule invoked by counsel, like most judicial rules, is subject to exceptions. One is this: Where there is a distinct…
2Cases cited5 opinions
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Maldaner v. SmithWisconsin Supreme Court · 1899
- Bowe v. GageWisconsin Supreme Court · 1906
- Corbett v. JoannesWisconsin Supreme Court · 1905
- Lockwood v. AllenWisconsin Supreme Court · 1902
3Cited by14 opinions
- Will of Ball v. BostonWisconsin Supreme Court · 1913
- Kuehn v. KuehnWisconsin Supreme Court · 1960
- State Ex Rel. Sowle v. BrittichWisconsin Supreme Court · 1959
- President of Kilbourn City v. Southern Wisconsin Power Co.Wisconsin Supreme Court · 1912
- Metropolitan Casualty Insurance v. N. B. Lesher, Inc.Oregon Supreme Court · 1935
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