Legal Opinion

Henry v. Hobbs

Michigan Supreme Court

Decided March 31, 1911No. Docket No. 39PublishedCited by 4 opinions

Error to Grand Traverse; Mayne, J. Assumpsit by Horace E. Henry against Herschel L. Hobbs for breach of warranty of a quantity of apples. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtBird, J.

This is an action qf assumpsit, based upon defendant’s alleged warranty of the quality of several hundred barrels of apples, which he sold and delivered to plaintiff in November, 1907. Plaintiff recovered a judgment of $500, and defendant assigns error thereon.

*184Plaintiff resides in Britton, S. D., and through Mr. Ralph White, of Williamsburg, this State, he learned defendant had apples for sale. He came to Williamsburg and examined them. Two hundred barrels were packed. He opened and examined such barrels as he chose and likewise examined the unpacked ones. He purchased them at $3.50 per…

2Cases cited5 opinions

  1. Clark v. MooreMichigan Supreme Court · 1853
  2. Maxted v. FowlerMichigan Supreme Court · 1892
  3. Cuddy v. MajorMichigan Supreme Court · 1864
  4. Jackson Sleigh Co. v. HolmesMichigan Supreme Court · 1902
  5. McKercher v. CurtisMichigan Supreme Court · 1877

3Cited by4 opinions

  1. Piowaty v. SheldonMichigan Supreme Court · 1911
  2. Solomon v. RichardsonMichigan Supreme Court · 1919
  3. American National Bank v. BarleyMichigan Supreme Court · 1922
  4. Galinski v. ThomasMichigan Supreme Court · 1914

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