KONENKAMP, Justice.
[¶ 1.] In this breach of contract action, plaintiff alleged that defendant failed to pay on two written contracts, but defendant claimed that he paid a $10,000 retainer on those contracts. Plaintiff responded that the $10,000 payment was on an oral contract that had been completed. The circuit court instructed the jury that if it found that the oral contract existed, "the $10,000 must be applied to the claim for work performed under that contract...
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