95 Wis. 352 | Wis. | 1897
The jury found for the plaintiff. This determines in his favor the principal issue in the case. It establishes in his favor that he did not abandon the performance •of his contract of his own accord, and against the defendant’s will; but rather that he was discharged by the defendant, against his will, and for, insufficient cause. This, logically, eliminates from the case the defendant’s first two ■counterclaims; for in this aspect of the case it is in no way the plaintiff’s fault if the defendant was compelled to pay the party whom it hired to complete the plaintiff’s contract .more wages than the plaintiff was to have for the same
By the Oourt. — The judgment of the circuit court is reversed, and the cause remanded for a new trial, unless within twenty days after the remittitur is filed in the circuit court the plaintiff shall remit from the judgment $35 as of the date of the verdict. In case the plaintiff so remits, the judgment is to stand for the balance.