56 Wis. 671 | Wis. | 1883
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
By the Court.— The judgment of the county court is affirmed.