Hubbardston Lumber Co. v. Bates
Michigan Supreme Court
Error to Ionia Circuit. * This was an action brought in the Ionia circuit, by the defendants in error, under the name and style of Bates, Gould & Co., against the lumber company, to recover back the consideration paid on. a purchase, or a contract for the purchase of logs, which the plaintiffs claimed to have rescinded on the ground that the logs had not been delivered afloat, according to the contract. The case was tried before the court without a jury.
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Error to Ionia Circuit. * This was an action brought in the Ionia circuit, by the defendants in error, under the name and style of Bates, Gould & Co., against the lumber company, to recover back the consideration paid on. a purchase, or a contract for the purchase of logs, which the plaintiffs claimed to have rescinded on the ground that the logs had not been delivered afloat, according to the contract. The case was tried before the court without a jury. The court made a special finding of facts and law, to which several exceptions were taken. The evidence is also set out in the bill, and…
1Opinion of the CourtChristiancy, J.
Admitting for the present that Ihe circuit judge was right in his findings, both of fact and law, upon every other point; that the title did not pass to plaintiff until the logs were delivered afloat in the stream, and that they would have had the right to rescind had they done so with sufficient promptness, the main, the previous question, upon which the whole case must turn, is whether they had the right to rescind at the late day, and under the circumstances, when they attempted to exercise that right.
If the finding of the judge was correct, that “the testimony shows that said…
2Cited by30 opinions
- Earnshaw v. WhittemoreMassachusetts Supreme Judicial Court · 1907
- Hakes v. ThayerMichigan Supreme Court · 1911
- Cherry Valley Iron Works v. Florence Iron River Co.Court of Appeals for the Sixth Circuit · 1894
- Hayes v. City of NashvilleCourt of Appeals for the Sixth Circuit · 1897
- Barquin v. Hall Oil Co.Wyoming Supreme Court · 1921
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