ENGLE v. PETERS


261 Wis. 347 (1952)

ENGLE, Appellant, vs. PETERS and others, Respondents.

Supreme Court of Wisconsin.

April 8, 1952.


Attorney(s) appearing for the Case

Darrell O. Hibbard of Eau Claire, for the appellant.

For the respondents there was a brief by Slocumb & Bundy of Menomonie, and oral argument by Ira O. Slocumb.


GEHL, J.

Plaintiff attacks the finding that there was only one indebtedness at the time the $1,000 was paid. He contends that Leon Peters then owed him on other accounts and that the payment was made to apply and was applied against the other indebtedness. An issue of fact was presented.

We are satisfied from the record that if there was any other indebtedness it could have arisen only on account of a tractor which the plaintiff claims he had sold Leon before...

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