Green v. Hanson

Decided March 5, 1895

Wisconsin Supreme Court · decided 1895-03-05

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.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1895-03-05

How this case has been cited

Cited by 7 later decisions — most recently December 1931

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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WiNsuow, J.

¶1The 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.

¶2There are no exceptions to the charge, save a general exception to the entire charge. This is of no avail when any part of the charge is correct, and there can be no doubt as to the correctness of the greater part of the charge.

¶3By the Court.— Judgment affirmed.