Richards v. Fuller
Michigan Supreme Court
Error to Kent. Assumpsit on a promissory note made by Richards to Warren S. Hale May 6th, 1874, and transferred to defendants in error by endorsement.
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Error to Kent. Assumpsit on a promissory note made by Richards to Warren S. Hale May 6th, 1874, and transferred to defendants in error by endorsement. It was given for part of the purchase price of a lot of logs which Hale himself held under contract from Isaac Stauffer, dated Jan. 5th, 1874, and covering all the cherry, walnut, basswood, white ash and maple timber on all or any of the lands owned by Stauffer in Caledonia township, to be delivered at Caledonia station in lumber. Hale endorsed upon this contract the following assignment: “For a valuable consideration tome in hand paid by…
1Opinion of the CourtMarston, J.
Whether all the logs contracted for in this case were by the parties understood to be only the logs sold by Stauffer to Hale in the writing of January 5th, 1874, would seem to be immaterial. The written assignment made by Hale to Richards is not such a written contract between the parties as would preclude plaintiff in error from showing by parol the agreement actually entered into. This assignment was not complete in itself and did not purport to set up the entire agreement. It may have been made pursuant to the agreement entered into and in part performance thereof, and this was what…
2Cases cited4 opinions
- Sirrine v. BriggsMichigan Supreme Court · 1875
- Bowker v. JohnsonMichigan Supreme Court · 1868
- Trevidick v. MumfordMichigan Supreme Court · 1875
- Facey v. OtisMichigan Supreme Court · 1863
3Cited by7 opinions
- McCray Refrigerator & Cold Storage Co. v. Woods & ZentMichigan Supreme Court · 1894
- Cohen v. JackoboiceMichigan Supreme Court · 1894
- Bird v. PopeMichigan Supreme Court · 1889
- Bell v. MulkeyCourt of Appeals of Texas · 1928
- Richards v. FullerMichigan Supreme Court · 1878
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