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ESSOCK v. MAWHINNEY

3 Wis.2d 258 (1958)

ESSOCK and another, Plaintiffs and Appellants, vs. MAWHINNEY and wife, Defendants and Appellants: FORT ATKINSON LOAN & INVESTMENT COMPANY, Defendant and Respondent.

Supreme Court of Wisconsin.

February 28, 1958.

Attorney(s) appearing for the Case

For the appellants Courtney Mawhinney and Josephine Mawhinney there was a brief by Dempsey & Robinson of Whitewater, and oral argument by Clark Dempsey.

For the respondent there was a brief by Johnson & DeBauffer of Whitewater, attorneys, and Kenney, Korf & Pfeil of Elkhorn of counsel, and oral argument by Francis J. Korf.

FAIRCHILD, J.

The questions involved on this appeal are: (1) Whether there was consideration for the December 23d promise of the Loan Company to pay plaintiffs $1,757.87; (2) whether the findings that the negligence of the Loan Company caused loss to Mawhinneys amounting to $3,500 were supported by evidence; (3) whether the record supports any allowances in favor of the Loan Company and against the Mawhinneys. Upon the trial there was some testimony tending to show...

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