Dreger v. Tarrant
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Pepin county: George Thompson, Circuit Judge. The action is on implied contract to recover the value of more than sixteen years of service as a farm hand. The action was -brought in the lifetime of the defendant’s testator, Mrs. M. L. Howard. The defenses pleaded were a general denial and settlement in full.
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Appeal from a judgment of the circuit court for Pepin county: George Thompson, Circuit Judge. The action is on implied contract to recover the value of more than sixteen years of service as a farm hand. The action was -brought in the lifetime of the defendant’s testator, Mrs. M. L. Howard. The defenses pleaded were a general denial and settlement in full. The cause was referred to J. E. Matthews as referee to hear, try, and determine, and was tried during the lifetime of Mrs. Howard. She died, however, before the referee made his report. Thereupon the action was revived in the name of the…
1Opinion of the CourtWinslow, C. J.
In this case it is held:
1. The findings of fact are amply supported by the evidence and hence cannot be set aside.
2. In view of the long and intimate relations of the parties, the disparity in their intelligence, mental force, and education, the trust which the plaintiff evidently placed in the deceased, and the influence she had over him, it is considered that the conclusion that the deceased fraudulently procured his signature to the receipts is justified by the evidence.
3. The defense of the statute of limitations was waived by the testator by failure to set it up by answer or demurrer.…
2Cited by1 opinion
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