WILKIE, J.
There are three issues to be decided on this appeal. They are:
1. Did the respondent LeRoy meet his burden of proof in proving that the subject judgment was not discharged in bankruptcy proceedings?
2. Did LeRoy waive any possible tort action, such as the present claim of embezzlement, by bringing an action for breach of contract?
3. Did Shelton violate sec. 289.02 (4) and sec. 235.701, Stats., so that the LeRoy judgment was not...
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