Applebaum v. Goldman
Michigan Supreme Court
Error to Wayne; Mandell, J. Assumpsit in justice’s court by Isaac Applebaum against Hyman L. Goldman for breach of a contract for the sale of certain goods. There was judgment for plaintiff, and defendant appealed to the circuit court. There was judgment for plaintiff, and defendant brings error. The contract made by the parties to this suit is evidenced by a writing of which the following is a copy: “February 12th, 1903. “Mr. H. L. Goldman, “City.
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Error to Wayne; Mandell, J. Assumpsit in justice’s court by Isaac Applebaum against Hyman L. Goldman for breach of a contract for the sale of certain goods. There was judgment for plaintiff, and defendant appealed to the circuit court. There was judgment for plaintiff, and defendant brings error. The contract made by the parties to this suit is evidenced by a writing of which the following is a copy: “February 12th, 1903. “Mr. H. L. Goldman, “City. “ Dear Sir: I hereby offer you for all the machinery seen by me at Clark avenue and M. C. R. R. consisting of three boilers, 100 H. P. engine and…
1Opinion of the CourtOstrander, J.
(after stating the facts). The articles claimed to have been sold and paid for, but not delivered, were part of a larger quantity, all being sold together for a lump sum. The suit is not' brought to recover any specific or proportional part of the purchase money which was paid, but to recover the value of the undelivered goods. It is in affirmance of the contract. The meaning of the common counts in assumpsit has been in modern times rather enlarged than restricted, but none of them is calculated to apprise the defendant of the nature of the plaintiff’s demand in this case, and under none of…
2Cases cited10 opinions
- Daniels v. CleggMichigan Supreme Court · 1873
- Davis v. GerberMichigan Supreme Court · 1888
- Cicotte v. County of WayneMichigan Supreme Court · 1880
- Nugent v. TeachoutMichigan Supreme Court · 1887
- Bush v. BrooksMichigan Supreme Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Janiszewski v. BehrmannMichigan Supreme Court · 1956
- Gilmer v. MillerMichigan Supreme Court · 1947
- O'Rourke v. DeffenbaughMichigan Supreme Court · 1937
- Cook v. DadeMichigan Supreme Court · 1916
- Johnson v. Patmon, Young & Kirk, PCMichigan Court of Appeals · 1982
3 more not listed; retrieve them via the Exa API.