Hewett Grain & Provision Co. v. Spear
Michigan Supreme Court
Error to Delta; Flannigan (Richard C.), J. Assumpsit by the Hewett Grain & Provision Company against Frank B. Spear and others, copartners as F. B. Spear & Sons, for goods sold and delivered. Judgment for defendants non obstante veredicto. Plaintiff brings error.
1Opinion of the CourtWiest, C. J.
The sole question in this case is whether the evidence of sale of a car load of potatoes satisfies the statute of frauds. Defendants are co-partners, engaged in business' at Marquette, and plaintiff is located at Escanaba. Defendants asked plaintiff, by telephone, if it could furnish them with potatoes and were advised that a car load in transit could be diverted to them 'at Marquette. The learned circuit judge, in entering judgment for defendants notwithstanding the verdict in favor of plaintiff, so well covered the questions involved that we quote freely therefrom:
“The plaintiff purchased…
2Cases cited3 opinions
- Paul v. GrahamMichigan Supreme Court · 1916
- Graham v. Henderson Elevator Co.Indiana Court of Appeals · 1916
- Francis v. BarryMichigan Supreme Court · 1888
3Cited by9 opinions
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- Ideal Structures Corporation v. Levine Huntsville Development CorporationCourt of Appeals for the Fifth Circuit · 1968
- Brest v. Maenat Realty Co.Wisconsin Supreme Court · 1944
- Clifford v. Carrols New York Development Corp.New York Supreme Court · 1966
- North American Seed Co. v. Cedarburg Supply Co.Wisconsin Supreme Court · 1945
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