MILAEGER WELL DRILLING CO. v. MUSKEGO REND. CO.


1 Wis.2d 573 (1957)

MILAEGER WELL DRILLING COMPANY, INC., Respondent, vs. MUSKEGO RENDERING COMPANY, Appellant.

Supreme Court of Wisconsin.

October 8, 1957.


Attorney(s) appearing for the Case

For the appellant there was a brief by Dougherty, Arnold, Philipp & Murray of Milwaukee, attorneys, and Clayton A. Cramer of Waukesha of counsel, and oral argument by Mr. Cramer.

For the respondent there was a brief by Kenney & Hays and Giles F. Clark, all of Milwaukee, and oral argument by Mr. Clark.


CURRIE, J.

The brief of the defendant states the questions to be determined on this appeal to be:

(1) Did the plaintiff fulfil its contract?

(2) If the plaintiff did not fulfil the contract, did the defendant so conduct itself so as to waive such fulfilment?

With respect to the first question, it is defendant's contention that the contract required the plaintiff to continue drilling operations until "sufficient water" was obtained, and...

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