Charley v. Potthoff
Wisconsin Supreme Court
Appeals from a judgment of tlie circuit court for Milwaukee county: Lawbeitce W. Halsey, Circuit Judge. Plaintiff, being tbe manager of a Erencb opera company, on March, 1900, entered into a written agreement with tbe defendant Potthoff to give three performances at tbe Pabst Theater, Milwaukee, to furnish “the full acting company of Charley’s Grand Erencb Opera Co. from New Orleans.
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Appeals from a judgment of tlie circuit court for Milwaukee county: Lawbeitce W. Halsey, Circuit Judge. Plaintiff, being tbe manager of a Erencb opera company, on March, 1900, entered into a written agreement with tbe defendant Potthoff to give three performances at tbe Pabst Theater, Milwaukee, to furnish “the full acting company of Charley’s Grand Erencb Opera Co. from New Orleans. The said’ company composed, among others, of the following named artists, to wit [naming thirteen persons], etc., capable of producing the following named operas: Les Huguenots, Romeo and Juliette, La Juive, and…
1Opinion of the CourtDodge, J.
The respondent seeks to justify the action of the trial court in directing a verdict by the contention that there was no evidence that the performances supplied by plaintiff were not in full accord with the contract. He asserts that testimony of persons attending such performances is no evidence of the insufficiency of the service, for the reason that such witnesses had no standard of comparison; the only proper standard, according to his contention, being that of the performances ordinarily given by this particular company. We shall not devote time to a consideration of this last…
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