Wigent v. Marrs
Michigan Supreme Court
Error to Berrien; Coolidge, J. ' Assumpsit by Gardner A. Wigent against Chloe R. McClung for goods sold and delivered. Defendant died pending the trial, and the cause was revived in the name of- her administrator, Thomas Marrs. From a judgment for defendant on verdict directed by the court, plaintiff brings error.
1Opinion of the CourtHooker, C. J.
Plaintiff recovered a verdict and judgment in an action of assumpsit before a justice of the peace, which was reversed in the circuit court on appeal. The declaration was upon the common counts. The facts were undisputed, and in substance are as follows: In May, 1900, defendant’s intestate gave a written order to plaintiff’s agent for a monument to be erected upon her lot in the cemetery at the agreed price of $100, the same to be completed between that date and June 30, 1900, unless unforeseen causes should prevent, and in that event as soon thereafter as practicable. It was to be set upon a…
2Cases cited6 opinions
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- W. R. Danforth & Co. v. WalkerSupreme Court of Vermont · 1864
- Derby v. JohnsonSupreme Court of Vermont · 1848
- Butler v. . ButlerNew York Court of Appeals · 1879
- Clause v. Bullock Printing Press Co.Illinois Supreme Court · 1886
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3Cited by17 opinions
- Poinsettia Dairy Products, Inc. v. the Wessel Co.Supreme Court of Florida · 1936
- Mount Ida School for Girls v. RoodMichigan Supreme Court · 1931
- Walton School of Commerce v. StroudMichigan Supreme Court · 1929
- Tradesman Co. v. Superior Manufacturing Co.Michigan Supreme Court · 1907
- International Text-Book Co. v. JonesMichigan Supreme Court · 1911
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