Koplitz v. Powell
Wisconsin Supreme Court
APPEAL from the County Court of Wimiebago County. The case is thus stated by Mr. Justice Cassoday: “ This action is to recover for services rendered by the minor son of the plaintiff, under a special contract made by the defendants with the plaintiff, whereby it was agreed that the son should work for the defendants for the period of seven months from April 8, 1881, for the sum of $14 per month.
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APPEAL from the County Court of Wimiebago County. The case is thus stated by Mr. Justice Cassoday: “ This action is to recover for services rendered by the minor son of the plaintiff, under a special contract made by the defendants with the plaintiff, whereby it was agreed that the son should work for the defendants for the period of seven months from April 8, 1881, for the sum of $14 per month. A failure of such performance is alleged in the complaint and admitted upon the trial. As an excuse for such nonperformance, the complaint alleges that the son worked until July 25,1881, when the…
1Opinion of the CourtCassoday, J.
Beyond question the contract thus admitted was entire. Being entire, the plaintiff could only recover upon showing full performance on his part, or some valid excuse for nonperformance. Jennings v. Lyons, 39 Wis., 553; Diefenback v. Stark, ante, p. 462. The failure of such performance is conceded, and the absence of such excuse is found by the court. From a careful reading of the testimony we are convinced that there is evidence to sustain the finding. At least, there is no such clear preponderance of evidence in *673favor of the plaintiff as would authorize this court to disturb the judgment.…
2Cases cited8 opinions
- Everson v. . PowersNew York Court of Appeals · 1882
- Jennings v. LyonsWisconsin Supreme Court · 1876
- Bast v. ByrneWisconsin Supreme Court · 1881
- Stewart v. StewartWisconsin Supreme Court · 1880
- Davis v. JuddWisconsin Supreme Court · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Loos v. Geo. Walter Brewing Co.Wisconsin Supreme Court · 1911
- Foster v. SingerWisconsin Supreme Court · 1887
- McDonald v. BryantWisconsin Supreme Court · 1888
- Millar v. Joint School District No. 2Wisconsin Supreme Court · 1957
- Warehouse & Builders Supply Co. v. GalvinWisconsin Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.