HERNING v. WIGGER

No. 519.

398 P.2d 1002 (1965)

Harold R. HERNING and George Horner, Appellants, v. Walter WIGGER, Appellee.

Supreme Court of Alaska.

January 30, 1965.


Attorney(s) appearing for the Case

Warren A. Taylor, Fairbanks, for appellants.

William V. Boggess, Fairbanks, for appellee.

Before NESBETT, C.J., and DIMOND and AREND, JJ.


AREND, Justice.

This suit was instituted by Walter Wigger as plaintiff to enforce certain contractual obligations which he alleged the defendants Herning and Horner owed to him. Upon issue joined and trial had to the court, findings of fact and judgment were rendered in favor of the plaintiff, and the defendants have appealed, contending, among other things, that there was a failure of consideration from the plaintiff and that the parties mutually rescinded the contract...

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