Legal Opinion

Buckeye Brewing Co. v. Eymer

Michigan Supreme Court

Decided July 14, 1910No. Docket No. 58PublishedCited by 1 opinion

Error to Saginaw; Gage, J. Assumpsit by the Buckeye Brewing Company against Andrew Eymer upon an account stated. A judgment for plaintiff for an insufficient amount is reviewed by it on writ of error.

1Opinion of the CourtHooker, J.

The defendant was a retailer of beer, doing business at Saginaw, and for many years purchased the beer that he sold from the plaintiff, a brewing company at Toledo, Ohio. During this time — a period of more than 25 years — there was an open account between them, except as this statement may be affected by transactions which, plaintiff’s counsel contend, amounted to settlements and statements of account. It was customary for plaintiff’s representative to call upon defendant several times each year, with statements of the account, when *295differences would be talked over, adjustments made, and…

2Cases cited8 opinions

  1. Valley Lumber Co. v. SmithWisconsin Supreme Court · 1888
  2. Spellman v. . MuehlfeldNew York Court of Appeals · 1901
  3. McCormick v. Interstate Consolidated Rapid Transit Railway Co.Supreme Court of Missouri · 1900
  4. Batson v. FindleyWest Virginia Supreme Court · 1902
  5. Charlotte Oil & Fertilizer Co. v. HartogCourt of Appeals for the Fourth Circuit · 1898

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3Cited by1 opinion

  1. Foster v. DwireNorth Dakota Supreme Court · 1924

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