Green v. Hanson
Wisconsin Supreme Court
Appeal from a judgment of tbe county court of Eond du Lac county: A. E. Richtee, Judge. Action on contract. Tbe defendant employed tbe plaintiff to move a bouse, barn, and two sbeds for $50 for tbe entire job. Tbe plaintiff moved tbe bouse and barn, but did not move tbe sbeds.
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Appeal from a judgment of tbe county court of Eond du Lac county: A. E. Richtee, Judge. Action on contract. Tbe defendant employed tbe plaintiff to move a bouse, barn, and two sbeds for $50 for tbe entire job. Tbe plaintiff moved tbe bouse and barn, but did not move tbe sbeds. Plaintiff claims tbat be was ready to move tbe sbeds, but tbat defendant requested bim to. wait for a time, and agreed tbat be (defendant) would notify bim (plaintiff) when be wanted tbe sbeds moved, and tbat be never notified bim, but moved tbe sbeds bimself, Tbe defendant denies tbat be .requested any delay in tbe…
1Opinion of the CourtWiNsuow, J.
The contract to move the buildings was entire, and the plaintiff could not recover upon it without fully completing it, unless full performance was excused or prevented by the defendant. Whether the defendant did prevent the plaintiff from completing the contract was the question litigated, and upon that question the evidence was conflicting. No errors in the rulings upon testimony are claimed. The jury found, upon sufficient evidence, that the defendant did prevent the full performance of the contract.
There are no exceptions to the charge, save a general exception to the entire charge. This…
2Cited by7 opinions
- Grabowski v. StateWisconsin Supreme Court · 1905
- Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
- Widman v. GayWisconsin Supreme Court · 1899
- Mittry v. United StatesUnited States Court of Claims · 1931
- Tilton v. J. L. Gates Land Co.Wisconsin Supreme Court · 1909
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