Milaeger Well Drilling Co. v. Muskego Rendering Co.

The brief of the defendant states the questions to be determined on this appeal to be:(1) Did the plaintiff fulfil its contract ?(2) If the plaintiff did not fulfil the contract, did the defendant so conduct itself so as to waive such fulfilment?

With respect to the first question, it is defendant’s contention that the contract required the plaintiff to continue drilling operations until “sufficient water” was obtained, and the plaintiff has breached the contract by not doing so. Genni v. Hahn (1892), 82 Wis. 90, 51 N. W. 1096, is cited as authority holding that plaintiff cannot recover if it…