Legal Opinion

Carver v. Sherman

Michigan Supreme Court

Decided October 2, 1912No. Docket No. 66PublishedCited by 2 opinions

Error to Allegan; Padgham, J. Assumpsit by Ella Carver against Ernest F. Sherman for the price of certain merchandise. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtBrooke, J.

Plaintiff made a contract to sell her apple crop to defendant. Defendant first made an oral offer some time in October, giving plaintiff until the following Saturday night to accept. The offer was accepted by plaintiff in a telephone conversation.

Following the telephone conversation, defendant wrote a letter to plaintiff, as follows:

“Mrs. Carver,
“Hopkins, Michigan,
“ Dear Madam:
“I herewith hand you confirmation of your apples bought of you October 29, at 5:50 p. m. as per your guarantee of packing them, over the ’phone. Packing to be strictly as represented, as you wish to establish a…

2Cases cited5 opinions

  1. Lingham v. EgglestonMichigan Supreme Court · 1873
  2. Byles v. ColierMichigan Supreme Court · 1884
  3. H. M. Tyler Lumber Co. v. CharltonMichigan Supreme Court · 1901
  4. Julius Kessler & Co. v. VeioMichigan Supreme Court · 1905
  5. Sandler v. BresnahamMichigan Supreme Court · 1884

3Cited by2 opinions

  1. Germain v. LoudMichigan Supreme Court · 1915
  2. Richardson Lumber Co. v. HoeyMichigan Supreme Court · 1922

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