LANG v. BURNS

No. 9736.

97 N.W.2d 863 (1959)

Charles A. LANG, Plaintiff and Respondent, v. Richard M. BURNS, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied August 27, 1959.


Attorney(s) appearing for the Case

Thos. G. Wall, Sturgis, for defendant and appellant.

William F. Brady, Rapid City, for plaintiff and respondent.


RENTTO, Judge.

In this action plaintiff Lang asked for a judgment against the defendant Burns because of a loan made by him to Burns, which he claims is unpaid. While Burns denied the complaint generally his evidence does not dispute the loan. His sole defense is that his obligation to repay the money was extinguished by an accord and satisfaction. The jury found for Lang and Burns appeals from the judgment entered. His present attorney did not appear as his counsel...

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