Legal Opinion

Buchtel v. Mason Lumber Co.

U.S. Circuit Court for the District of Western Michigan

Decided July 1, 1877Published

[At law. Action by William Buchtel against the Mason Lumber Company upon an instrument of guaranty. There was a verdict for plaintiff, and defendant moves for a new trial.

1Opinion of the Court

WITHEY, District Judge.

The questions presented by the motion for a new trial in this case are purely legal ones. Evidence offered by defendant was not admitted, and as it constituted the sole ground of defense, a verdict was rendered for the plaintiff. Error in excluding the offered evidence is the sole ground of the motion.

That the verdict operates as a hardship upon defendant is apparent, and in such cases a court naturally seeks for some lawful way to afford relief. The evidence rejected at the trial, was defendant’s offer to prove a parol contract of warranty by plaintiff, made…

2Cases cited11 opinions

  1. Van Ostrand v. ReedNew York Supreme Court · 1828
  2. Basshor v. ForbesCourt of Appeals of Maryland · 1872
  3. Martin v. HamlinMichigan Supreme Court · 1869
  4. Mumford v. McPhersonNew York Supreme Court · 1806
  5. Dean v. MasonSupreme Court of Connecticut · 1822

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