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THAYER v. HYNE

259 Wis. 284 (1951)

THAYER, Respondent, v. HYNE and another, Appellants.

Supreme Court of Wisconsin.

June 15, 1951.

Attorney(s) appearing for the Case

For the appellants there were briefs by Jeffris, Mouat, Oestreich, Wood & Cunningham, and oral argument by Robert C. Lovejoy, all of Janesville.

For the respondent there was a brief by McGowan, Geffs, Geffs & Block of Janesville, and oral argument by Jacob Geffs.

GEHL, J.

The first question raised presents an issue of fact: Did defendant Hyne bind himself personally to perform the contract? The trial court found that he did, and we must follow the finding unless the decided preponderance of the evidence is to the contrary. There is a dispute in some of the testimony, and because of the findings we must assume that the facts relating to such issues are as contended by respondent. ...

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