J. I. Case Threshing Machine Co. v. Huber
Michigan Supreme Court
Error to Eaton; Smith, J. Assumpsit by the J. I. Case Threshing Machine Company against Ezra S. Huber upon a promissory note. A judgment for defendant is reviewed by plaintiff on writ of error. The action is assumpsit, the declaration containing the common counts, and setting out, under proper notice, a copy of a promissory note purporting to have been executed by defendant.
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Error to Eaton; Smith, J. Assumpsit by the J. I. Case Threshing Machine Company against Ezra S. Huber upon a promissory note. A judgment for defendant is reviewed by plaintiff on writ of error. The action is assumpsit, the declaration containing the common counts, and setting out, under proper notice, a copy of a promissory note purporting to have been executed by defendant. The plea is the general issue, with notice that the note sued upon and another note and a certain portable engine were delivered by defendant to plaintiff for a certain other portable steam engine, which plaintiff agreed…
1Opinion of the CourtOstrander, J.
(after stating the facts). The contract of the parties is one of sale of a chattel. The *99engine was bought and paid for. Title to it passed to the vendee, and at any [time he might have sold it to another. The engine was sold with express, but conditional, warranty. A trial of the engine was required; notice of improper performance, or of defects, was required, and it was one of the conditions that the seller, at its option, might return the purchase price or replace the engine, or any part of it. The vendee was obligated to render friendly assistance to efforts of the vendor to make the…
2Cases cited2 opinions
- Osborn v. RawsonMichigan Supreme Court · 1881
- Westinghouse Co. v. GainorMichigan Supreme Court · 1902
3Cited by6 opinions
- Fairbanks, Morse & Co. v. MillerSupreme Court of Oklahoma · 1921
- Hakes v. ThayerMichigan Supreme Court · 1911
- Hart-Parr Co. v. DuncanSupreme Court of Oklahoma · 1919
- Case Threshing Machine Co. v. ScottWashington Supreme Court · 1917
- Advance-Rumely Thresher Co. v. YancySupreme Court of Oklahoma · 1924
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