Pungs v. American Brake-Beam Co.
Michigan Supreme Court
Error to Wayne; Frazer, J. Assumpsit by William A. Pungs against the American Brake-Beam Company for salary due under a special, contract. From a judgment for plaintiff on verdict directed by the court, defendant brings error.
1Opinion of the CourtHooker, J.
A former review of this cause is reported in 124 Mich. 344 (82 N. W. 1066), where it was held, on the evidence then before the court, that the judge erred in holding that there was no evidence of the value of the plaintiff’s services, upon the theory that the cause was, in that instance, tried upon the count for work and labor, and not upon the special count, or in reliance upon a right to recover as upon a contract fully performed. As we understand the record, the case has now been tried upon the theory that the special contract was performed. The plaintiff might, therefore, rely upon the…
2Cases cited4 opinions
- Allen v. McKibbinMichigan Supreme Court · 1858
- Fuller v. RiceMichigan Supreme Court · 1884
- Bolt v. FriederickMichigan Supreme Court · 1885
- Pungs v. American Brake-Beam Co.Michigan Supreme Court · 1900
3Cited by3 opinions
- J. Richardson & Co. v. NobleMichigan Supreme Court · 1906
- Wyandotte Portland Cement Co. v. BrunerMichigan Supreme Court · 1907
- Brown v. KriserMichigan Supreme Court · 1902