133 Wis. 107 | Wis. | 1907
Of course the contract to paint the house was entire, and the general rule applicable that for partial performance no recovery could be had. Moritz v. Larsen, 70 Wis. 569, 36 N. W. 331; Widman v. Gay, 104 Wis. 277, 80 N. W. 450. Doubtless it fell within the class of building contracts to which is accorded a certain relaxation of the strict rule above stated, so that a contractor who, in good-
We cannot avoid the conclusion that plaintiff has failed to show even substantial performance of his entire contract,, and therefore cannot recover at all for painting the exterior of the house, but must be limited to recovery for painting the interior, for which judgment was duly tendered by the answer, with only such costs as had then accrued.
By the Court. — Judgment reversed, and cause remanded with directions to enter judgment for plaintiff, as tendered in the answer, and in favor of defendant for her costs accruing after such tender.