21 Wis. 395 | Wis. | 1867
Errors are assigned in granting and -refusing instructions to the jury. If the contract between the parties was, that the plaintiffs should sink the well till they got water, or have no pay; and if it was so understood when, in December, 1862, after Sheldon had gone to the war, the defendant consented that Green should go on and complete the job; thenitis obvious the plaintiff ought not to have recovered, unless the
We have more difficulty with the instructions given. Some of them are somewhat obscure. Yet we think they may reasonably be so construed as to be in harmony with correct prin ciples of law. To reverse the judgment, we must be satisfied that the circuit court erred to the prejudice of the appellant. It is not clear to us that there was such error, and we therefore affirm the judgment.
By the Court. — Judgment affirmed.