Legal Opinion

Detroit Trust Co. v. Engel

Michigan Supreme Court

Decided June 1, 1916No. Docket No. 88PublishedCited by 3 opinions

Error to Kent; McDonald, J. Assumpsit by the Detroit Trust Company, trustee in bankruptcy of the Michigan Buggy Company, against George Engel for goods sold and delivered. Judgment for plaintiff on a verdict directed by the court. Defendant brings error.

1Opinion of the CourtKuhn, J.

This action is brought on a contract for the sale of ten automobiles to the defendant in consideration of an undertaking to ship to the vendor a quantity of lumber. The defendant refused to complete performance of the contract on his part, because of an alleged breach of warranty by the vendor. The automobiles were sold on the defendant’s order, which contained the following clauses:

“It is understood that no verbal or other agreement or promise not clearly specified in this order will be recognized. * * *
“The cars are 1912 models, and are to stand sold as they are of this 'date in…

2Cases cited1 opinion

  1. Union Trust Co. v. Detroit River Transit Co.Michigan Supreme Court · 1910

3Cited by3 opinions

  1. Insurance Co. of North America v. Automatic Sprinkler Corp. of AmericaOhio Supreme Court · 1981
  2. American Historical Society, Inc. v. StorerMassachusetts Supreme Judicial Court · 1919
  3. Gray v. MiddaughNebraska Supreme Court · 1920

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