Wyandotte Portland Cement Co. v. Bruner
Michigan Supreme Court
Error to Van Burén; Des Voignes, J. Assumpsit by the Wyandotte Portland Cement Company against George L. Bruner, Jerome C. Warner, R. E. Nicholson, and W. V. Dow, copartners as Bruner, Warner & Company, for goods sold and delivered. There was judgment for plaintiff on a verdict directed by the court,- and defendants bring error. Plaintiff declared upon the common counts in assumpsit.
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Error to Van Burén; Des Voignes, J. Assumpsit by the Wyandotte Portland Cement Company against George L. Bruner, Jerome C. Warner, R. E. Nicholson, and W. V. Dow, copartners as Bruner, Warner & Company, for goods sold and delivered. There was judgment for plaintiff on a verdict directed by the court,- and defendants bring error. Plaintiff declared upon the common counts in assumpsit. The bill of particulars filed was: April 5, to 200 barrels of cement.................. $292 00 April 8, to 200 barrels of cement.................. 292 00 $584 00 Defendants pleaded the general issue, and gave…
1Opinion of the CourtOstrander, J.
(after stating the facts). The evidence on. the part of defendants tended to prove that upon the sale of the cement it was warranted to be first class, “A No. 1,” suitable for making cement blocks, and equal to any on the market. Plaintiff proved the sale, delivery, and value of the property. Indeed, these facts are virtually admitted by the notice given with the plea of defendants. The principal contention on the part of defendants’ counsel is that plaintiff, in order to recover, was bound to prove that the goods delivered were equal to the alleged warranty. The distinction between this case…
2Cases cited5 opinions
- People v. CollinsMichigan Supreme Court · 1854
- Allen v. McKibbinMichigan Supreme Court · 1858
- Childs v. O'DonnellMichigan Supreme Court · 1891
- Simons v. Ypsilanti Paper Co.Michigan Supreme Court · 1889
- Pungs v. American Brake-Beam Co.Michigan Supreme Court · 1901
3Cited by1 opinion
- Bay State Milling Co. v. SzucsMichigan Supreme Court · 1923