Wisconsin Supreme Court, 1916

Moha v. Hudson Boxing Club

Wisconsin Supreme Court · Decided December 5, 1916 · Winslow

164 Wis. 425; 160 N.W. 266; 1916 Wisc. LEXIS 90

Cases that cite this one

2 later published cases cite this decision.

Fuller v. Krogh (Wis. 1962)
Denson v. Provident Mut. Life Ins. Co. (Ala. 1936)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

WiNslow, C. J.

Plaintiff sues to recover the contract price of his professional services. In order to succeed he must show at least substantial performance of his contract. It is certain that there has been none here. He contracted to box ten rounds under certain rules. At the outset of the contest, in the middle of the second round, he violated one of *427the rules and as a result thereof disabled his opponent and thus by his own act made substantial performance impossible. Whether this act was deliberate or not cuts no figure. It was an act which he had contracted not to do, and it prevented performance. Jennings v. Lyons, 39 Wis. 553. It does not seem necessary to consider other questions; the considerations suggested are decisive.

By the Gourt. — Judgment affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.