Lang v. Burns

In this action plaintiff Lang asked for a judgment against the defendant Burns because of a loan made by him to Burns, which he claims is unpaid. While Burns denied the complaint generally his evidence does not dispute the loan. His sole defense is that his obligation to repay the money was extinguished by an accord and satisfaction. The jury found for Lang and Burns appeals from the judgment entered. His present attorney did not appear as his counsel in the trial.

On or about April 13, 1954, Burns and a friend went to the home of Lang who was then operating a tourist court in Sturgis, South…