COBB STATE BANK v. NELSON

No. 86-1444.

141 Wis.2d 1 (1987)

413 N.W.2d 644

COBB STATE BANK, Plaintiff-Appellant, v. Russell NELSON, Defendant-Respondent, Frederick H. McKELLIPS, Defendant.

Court of Appeals of Wisconsin.

Decided July 28, 1987.


Attorney(s) appearing for the Case

For plaintiff-appellant, there were briefs by Bruce J. Hoesly of Kinney, Urban, Schrader, Bromley & Kussmaul, Lancaster.

For defendant-respondent, there was a brief by Hugh R. Jones and Thomas M. Landowski of Collins, Beatty & Krekeler, S.C., Madison.

Before Cane, P.J., LaRocque and Myse, JJ.


LaROCQUE, J.

Cobb State Bank appeals a judgment of the circuit court for Iowa County that reduced its claim against its debtor, Russell Nelson, by the sum of $31,191. The bank maintains that it had already credited that sum to Nelson's outstanding account on a previous note.

The bank claims that the trial court erroneously applied the parol evidence rule and erroneously concluded that even considering the parol evidence...

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