Wm. G. Tannhaeuser Co. v. Holiday House, Inc.

The civil court by its findings of fact found that the failure of the plaintiff to light the sign from October 1, 1954, to June 7, 1955, except for the inadequate lighting provided during the month of December, 1954, “was a substantial failure on the part of the plaintiff to carry out the provisions of the contract.” Such finding was specifically approved in the memorandum opinion filed by the circuit court on the appeal to that court. On the appeal to this court the plaintiff challenges such finding and contends that it substantially performed the contract as a matter of law.

The difficulty…