Night Commander Lighting Co. v. Brown
Michigan Supreme Court
Error to Lapeer; Williams (William B.), J. Assumpsit in justice's court by the Night Commander Lighting Company against Ira Brown on a contract for the sale of a farm lighting plant. There was judgment for defendant, and plaintiff appealed to the circuit court.- Judgment for defendant on a directed verdict. Plaintiff brings error.
1Opinion of the CourtSharpe, J.
Fred Morford and Peter Lubahn, two of plaintiff’s salesmen, secured a written order from defendant for a generator and appliances suitable for lighting his farmhouse. It provided “this order is not subject to countermand” and is “subject to the approval of said company at its executive office.” Within a few hours thereafter, Orin Brown, a son of defendant, who lived with him on the farm and whom Lubahn had- theretofore solicited for such an order, after an interview with his father, called to the salesmen who were driving past and Lubahn came to the fence where he was working. Orin testified:
“…
2Cases cited6 opinions
- Jenkins Bros. Shoe Co. v. G. v. Renfrow & Co.Supreme Court of North Carolina · 1909
- Westinghouse Electric & Manufacturing Co. v. HubertMichigan Supreme Court · 1913
- Goodspeed v. Wiard Plow Co.Michigan Supreme Court · 1881
- Peck v. FreeseMichigan Supreme Court · 1894
- Straus, Gunst & Co. v. T. O. Sparrow & Co.Supreme Court of North Carolina · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hogan v. Aluminum Lock Shingle Corp.Oregon Supreme Court · 1958
- State v. Hartford Accident & Indemnity Co.Supreme Court of Connecticut · 1949
- Board of Control of Eastern Michigan University v. BurgessMichigan Court of Appeals · 1973
- B. T. Moran, Inc. v. First Security Corp.Utah Supreme Court · 1933
- Mitchell v. Western Fire InsuranceMichigan Supreme Court · 1935
2 more not listed; retrieve them via the Exa API.