QUALITY LUMBER & COAL CO. v. KEMP

No. 185.

46 Wis.2d 621 (1970)

176 N.W.2d 401

QUALITY LUMBER & COAL COMPANY, Appellant, v. KEMP, Respondent.

Supreme Court of Wisconsin.

Decided April 28, 1970.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by N. George De Dakis of La Crosse.

For the respondent there was a brief by Johns, Flaherty, Harman & Gillette and Robert D. Johns, all of La Crosse, and oral argument by Robert D. Johns.


WILKIE, J.

A single issue is dispositive of this appeal: Was there sufficient evidence for the jury to find that defendant, after the discharge in bankruptcy, made an oral promise to plaintiff to pay the amount due?

It is well settled that in determining whether the trial court was in error in directing the verdict, the evidence is to be construed in the light most favorable to the party against whom the verdict was directed.1...

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