Legal Opinion

Perkins v. Oliver

Michigan Supreme Court

Decided July 28, 1896PublishedCited by 2 opinions

Error to superior court of Grand Rapids; Burlingame, J. Assumpsit by Willis J. Perkins against Joseph W. Oliver for work done and material furnished. From a judgment for defendant, plaintiff brings error.

1Opinion of the CourtMoore, J.

Plaintiff sued the defendant, and declared •on all the common counts in assumpsit, and filed a bill of particulars embracing a great many items. Defendant pleaded the general issue, and gave notice, by way of defense, that the same cause of action had been litigated, and was res judicata, and also gave notice of recoupment and of set-off. The case was tried before the judge. The record and testimony, including the pleadings and the charge of the court, in the case of Oliver v. Perkins and Perkins, were offered in evidence. The trial judge made a finding that the matters involved in this suit…

2Cases cited3 opinions

  1. Gunzberg v. MillerMichigan Supreme Court · 1879
  2. Oliver v. PerkinsMichigan Supreme Court · 1892
  3. McKinney v. CurtissMichigan Supreme Court · 1886

3Cited by2 opinions

  1. Aultman, Miller & Co. v. SloanMichigan Supreme Court · 1897
  2. Shurte v. FletcherMichigan Supreme Court · 1896

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