192 Wis. 545 | Wis. | 1927
The facts as found by the county court were substantially as follows: Jacob Webb owned a farm in Richland county which Lee Fisher and George Fisher, acting
It is the contention of the appellant, Lee Fisher, that the respondent, Bible, elected to treat the note as part of the
These contentions ignore the findings of the court, based upon ample evidence, that Webb voluntarily surrendered the farm and personal property knowing that Bible demanded payment of the note which he retained; that Webb consented to the forfeiture of the payments.made by him; and that the $348 was paid Webb for exempt property, upon which Bible had no claim.
The case really turns on questions of fact, whether or not the parties, by the Fishers guaranteeing Webb’s note for $3,000, intended that said note should be considered as cash and as part of the down payment to be made by Webb. The circumstances of the transaction would indicate that that was their understanding. They knew that respondent accepted said note and gave credit on the deal in the same manner as in the $5,000 cash payment. The respondent did not include this deferred payment in the chattel mortgage which he took back as security as part of the purchase price of the personal property, nor was it included in the land contract. There is direct testimony on the part of the respondent, which is substantially admitted by Webb and testified to by Collins, cashier of the bank, who drew up the contracts, to the same effect. Certainly there was sufficient testimony upon which the trial court could find as a fact that such was the intention of all the parties to the transaction.
The appellant invokes the rule that the release of a principal on a negotiable instrument releases the surety. But the
By the Court. — The judgment of the county court is affirmed.