Borg v. Fain

260 Wis. 190 (1951)

BORG, Respondent

vs.

FAIN, Appellant.[*]

Supreme Court of Wisconsin.

November 7, 1951.

December 4, 1951.

For the appellant there was a brief by Lyman K. Arnold of Elkhorn, attorney, and Kirkland, Fleming, Green, Martin & Ellis and George Dapples, all of Chicago, Illinois, of counsel, and oral argument by Mr. Dapples.

For the respondent there was a brief by Moran O'Brien & Richardson of Delavan, and oral argument by J. Arthur Moran.

GEHL, J.

The plaintiff contends and the trial court agreed that, because the defense relied upon is based upon an inadmissible oral agreement, the prior…