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VAN SISTINE v. TOLLARD

No. 79-1041.

95 Wis.2d 678 (1980)

291 N.W.2d 636

John VAN SISTINE, d/b/a The Van Sistine Company, Plaintiff-Appellant, v. Jan TOLLARD, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 26, 1980.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of R. M. Gonyo of Berlin.

For the defendant-respondent the cause was submitted on the brief of Timothy D. Robinson, of Berlin.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

GARTZKE, P.J.

This is an action for $1,754.25, claimed to be the unpaid balance due for goods and services provided by plaintiff-appellant, a siding contractor, to the defendant. The answer pleaded the defense of an accord and satisfaction. The court dismissed the complaint after a trial without a jury.1 We affirm.

The issue is whether plaintiff is barred from recovery because he cashed...

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