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SUPERIOR BUILDERS, INC. v. LARGE

No. 159.

52 Wis.2d 563 (1971)

190 N.W.2d 901

SUPERIOR BUILDERS, INC., Respondent, v. LARGE and wife, Appellants: FORBES and others, Defendants.

Supreme Court of Wisconsin.

Decided November 2, 1971.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Herbert A. Eggie of Milwaukee.

For the respondent there was a brief by Charne, Glassner, Tehan, Clancy & Taitelman, S. C., of Milwaukee, and oral argument by Irvin B. Charne.

WILKIE, J.

Two issues are presented by this appeal:

1. Did the trial court properly conclude that the note and mortgage constituted an accord and satisfaction?

2. In view of the finding that the note and mortgage constituted an accord and satisfaction, did the trial court properly dismiss the counterclaim based upon the dispute between the parties?

Were the note and mortgage a valid accord and satisfaction?

The primary question...

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