Acme Electrical Illustrating & Advertising Co. v. Van erbeck
Michigan Supreme Court
Error to Wayne; Erazer, J. Assumpsit by the Acme Electrical Illustrating & Advertising Company against George A. Yan Derbeck to recover a balance due on a contract to install an electric plant. From a judgment for plaintiff, defendant brings error.
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Error to Wayne; Erazer, J. Assumpsit by the Acme Electrical Illustrating & Advertising Company against George A. Yan Derbeck to recover a balance due on a contract to install an electric plant. From a judgment for plaintiff, defendant brings error. On Sunday, June 18, 1899, plaintiff and defendant executed the following written contract: “This agreement, made this --•, A. D. 1899, by and between the Acme Electrical Illustrating & Advertising Company, of Springfield, Mass., party of the first part, and G. A. Yan Derbeck, of Detroit, Mich., manager of Detroit Ball Club and Empire Theater, party…
1Opinion of the CourtGrant, J.
(after stating the facts). Under this record, the written contract, 'executed upon Sunday, must control, unless there was an independent contract subsequently executed upon a week day. A Sunday contract cannot be made valid by ratification upon a week day. There must be evidence from which the jury can find an independent contract between the parties aside from the illegal one. Pillen v. Erickson, 125 Mich. 68 (83 N. W. 1023), and authorities there cited. There was no evidence in this case of any such independent contract. Plaintiff is not seeking to recover upon a quantum meruit, but upon a…
2Cases cited1 opinion
- Pillen v. EricksonMichigan Supreme Court · 1900
3Cited by7 opinions
- Elbom v. PavsnerMichigan Supreme Court · 1923
- Berston v. GilbertMichigan Supreme Court · 1914
- Alexander v. WeishuhnMichigan Supreme Court · 1911
- International Textbook Co. v. OhlMichigan Supreme Court · 1907
- Silver v. ShulmanMichigan Supreme Court · 1921
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