Hart v. Ludwig
Michigan Supreme Court
1Opinion of the CourtSmith, J.
Here a contracting party “refused and neglected” further to abide by an agreement. The other parties sued him, not for breach of contract, but in tort. Upon motion (“plaintiff’s declaration does not state a valid cause of action because it alleges an action in tort for the nonperformance of a contract”) the trial court dismissed, with prejudice. His action is before us on a general appeal.
The contract was verbal. It related to the care and maintenance of an orchard owned by plaintiffs (who will hereafter be referred to in the singular). Defendant worked the orchard during the spring of 1952,…
2Cases cited7 opinions
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- Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Flint & Walling Manufacturing Co. v. BeckettIndiana Supreme Court · 1906
- Atlantic & Pacific Railroad v. LairdSupreme Court of the United States · 1896
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
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