160 Wis. 546 | Wis. | 1915
The only question raised is, Was there an agreement, consented to by the defendant, the Palace of Sweets Company, and the L. A. Becker Company, by which the debt of M. W. Eeeley on these notes was extinguished and the Palace of Sweets Company accepted as the obligor of the debt evidenced by the notes? The Palace of Sweets Company admittedly agreed with the defendant, M. W. Keeley, to assume this debt in consideration of the transfer of all the property of defendant to the company. It is not required that acceptance of the terms of novation be shown by express words, but it may be implied from the facts and circumstances of the transaction and the conduct of the parties in relation thereto. An examination of the evidence and the
By the Court. — Tbe judgment appealed from is affirmed.