Legal Opinion

Rough v. Breitung

Michigan Supreme Court

Decided May 17, 1898PublishedCited by 25 opinions

Error to Marquette; Stone, J. Assumpsit by James H. Rough and others against Edward N.1 Breitung upon a contract of sale. From a judgment for defendant on verdict directed by the court, plaintiffs bring error. The contract upon which this suit is based is evidenced by the following writings: “Chicago, December 19, 1895. “Mr. James Rough, Mining Inspector, “Negaunee, Michigan.

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Error to Marquette; Stone, J. Assumpsit by James H. Rough and others against Edward N.1 Breitung upon a contract of sale. From a judgment for defendant on verdict directed by the court, plaintiffs bring error. The contract upon which this suit is based is evidenced by the following writings: “Chicago, December 19, 1895. “Mr. James Rough, Mining Inspector, “Negaunee, Michigan. “Dear Sir: The parties I have will take the Davis Mine, and all the property, machinery, etc., belonging thereto, on the following terms: We will pay all the debts of the mining company as reported to me per statement of…

1Opinion of the CourtGrant, C. J.

{after stating the facts). 1. The learned counsel for the plaintiffs state their claims under the two counts of the declaration, as follows:

*53“ The first count is based upon the theory that the Davis Mining Company was not a legally organized corporation, and was designed to permit recovery by plaintiffs in case it should be found there was no such legally authorized incorporation, but only an association of individuals (themselves) under a corporate name. The second count is based upon the theory that the Davis Mining Company was a corporation, at least de facto, all the capital stock of which…

2Cases cited11 opinions

  1. Humphreys v. McKissockSupreme Court of the United States · 1891
  2. Baldwin v. CanfieldSupreme Court of Minnesota · 1879
  3. Button v. HoffmanWisconsin Supreme Court · 1884
  4. England v. DearbornMassachusetts Supreme Judicial Court · 1886
  5. People v. HawkinsMichigan Supreme Court · 1895

6 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Gledhill v. Fisher & Co.Michigan Supreme Court · 1935
  2. Oakland Sugar Mill Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1902
  3. In re MoserMichigan Supreme Court · 1904
  4. Perkins Manufacturing Co. v. Clinton Construction Co.California Supreme Court · 1930
  5. Imperial Curtain Co. v. JacobMichigan Supreme Court · 1910

20 more not listed; retrieve them via the Exa API.

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