Legal Opinion

Stange v. Wilson

Michigan Supreme Court

Decided October 14, 1868PublishedCited by 25 opinions

Error to Wayne Circuit. This was an action of assumpsit, brought to recover the value of certain iron work made under a contract. The declaration was upon the common counts. Judgment was-rendered for plaintiff. In the course of the plaintiff’s evidence, it appeared that said work was done under a special contract in writing, signed by both parties, and which was introduced.

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Error to Wayne Circuit. This was an action of assumpsit, brought to recover the value of certain iron work made under a contract. The declaration was upon the common counts. Judgment was-rendered for plaintiff. In the course of the plaintiff’s evidence, it appeared that said work was done under a special contract in writing, signed by both parties, and which was introduced. It was in the following words: “ This agreement, made this 18th day of September, 1866, between J. B. Wilson, iounder and machinist, of the City of Detroit, County of Wayne, State of Michigan, of the first part, and…

1Opinion of the Court

Campbell J.

"Wilson sued Stange for the value of certain iron work, which turned out on the trial to have been furnished under a written contract, containing only an agreement that Wilson should make “all the iron work, consisting of wrought and cast iron, according to plans furnished by C. W. Lloyd, architect, for Detroit and Milwaukee Railway Depot, for and in consideration of the sum of §5,0.00.” The time of furnishing the iron was not referred to, and the timé of payment was also left in blank. The only question properly *346presented by the record is, whether certain testimony was properly…

2Cases cited1 opinion

  1. La Farge v. RickertNew York Supreme Court · 1830

3Cited by25 opinions

  1. Brady v. Central Excavators, Inc.Michigan Supreme Court · 1947
  2. Duke v. MillerMichigan Supreme Court · 1959
  3. Colt v. . KimballSupreme Court of North Carolina · 1925
  4. Merkle v. Township of BenningtonMichigan Supreme Court · 1885
  5. Central Railroad v. HasselkusSupreme Court of Georgia · 1893

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