South Branch Cheese Co. v. American Butter & Cheese Co.
Michigan Supreme Court
Error to Wayne; Codd, J. ■Assumpsit on the common counts in justice’s court by the South Branch Cheese Company, a corporation, against the American Butter & Cheese Company, a corporation. From a judgment for plaintiff, defendant appealed to the circuit court. Judgment for plaintiff on a verdict directed by the court. Defendant brings error.
Read the full summary
Error to Wayne; Codd, J. ■Assumpsit on the common counts in justice’s court by the South Branch Cheese Company, a corporation, against the American Butter & Cheese Company, a corporation. From a judgment for plaintiff, defendant appealed to the circuit court. Judgment for plaintiff on a verdict directed by the court. Defendant brings error. The controversy between the parties to this suit arose out of the following correspondence: “Brant, Mich., Aug. 27, 1912. “American Butter & Cheese Co., “Detroit. “Gentlemen: “We received a letter from you some time ago wishing us to state the amount of…
1Opinion of the CourtBrooke, J.
(after stating the facts). But two questions are involved:(1) Was there a valid offer on the part of the plaintiff to sell to the defendant 200 boxes of cheese?(2) Was there a valid acceptance of that offer by the defendant?
We have no hesitation in holding that the letter of October 4, 1912, is a distinct offer on the part of the plaintiff to sell the defendant 200 boxes of cheese at 13% cents per pound, f. O. b. Chesaning, Mich. The letter was written in response to an inquiry of date October 2, 1912, and as a result of two previous transactions between the same parties, one for 15 boxes,…
2Cases cited4 opinions
- Cooper v. Lansing Wheel Co.Michigan Supreme Court · 1892
- Hollingshead v. MorrisMichigan Supreme Court · 1912
- Johnson v. StephensonMichigan Supreme Court · 1872
- Adams v. Harrington Hotel Co.Michigan Supreme Court · 1908
3Cited by1 opinion
- Pickett v. MillerNew Mexico Supreme Court · 1966