Gimbel Bros. v. McConnell
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Rat SteveNS, Circuit Judge. Action to recover $1,760.63 claimed to be due from defendant under an agreement alleged to have been entered into between him and one Bridge, who was indebted to plaintiff in tbat amount.
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Appeal from a judgment of tbe circuit court for Dane county: E. Rat SteveNS, Circuit Judge. Action to recover $1,760.63 claimed to be due from defendant under an agreement alleged to have been entered into between him and one Bridge, who was indebted to plaintiff in tbat amount. Bridge owned a hotel at Portage which on July 17, 1911, be agreed to deed to tbe defendant free of all liens or claims except two mortgages amounting to $10,000. As a part of tbe consideration defendant agreed to pay plaintiffs claim against Bridge to tbe amount stated. Defendant denied that Bridge ever performed bis…
1Opinion of the CourtVinje, J.
Plaintiff’s counsel says the finding of the trial court that “Defendant should assume and pay the account of said Bridge with the plaintiff” is not excepted to and is therefore a verity in the case. The language of the trial court is that the defendant entered into a contract with Bridge which provided that he should assume and pay the claim. Ordinarily this would be equivalent to a finding that he agreed to assume and pay it. But the language of the trial court, taken in connection with the undisputed facts, shows that he is merely reciting the provisions of the agreement placed in escrow,…
2Cases cited2 opinions
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
- Wetutzke v. WetutzkeWisconsin Supreme Court · 1914
3Cited by1 opinion
- Sedgwick v. BlanchardWisconsin Supreme Court · 1916