Legal Opinion

Providence Jewelry Co. v. Bailey

Michigan Supreme Court

Decided December 30, 1909No. Docket No. 92PublishedCited by 5 opinions

Error to Van Burén; Des Voignes, J. Assumpsit by the Providence Jewelry Company against Ed. M. Bailey for goods sold and delivered. A judgment for plaintiff for less than the amount claimed is reviewed by it on writ of error.

1Opinion of the CourtBlair, C. J.

This is an action on a written contract for the sale of certain cheap jewelry, to recover the purchase price. Plaintiff’s declaration counted upon the contract, and in alleging performance thereof avers “ that defendant duly received and accepted said goods.” Defendant, with his- plea of the general issue, gave notice:

‘ ‘ That pursuant to Circuit Court Rule 24 c, the defendant hereby waives the benefit of the general issue, and admits the facts alleged in the plaintiff’s declaration — that is to say, he admits that, except for the facts set forth in this notice, the plaintiff would be…

2Cases cited3 opinions

  1. Tradesman Co. v. Superior Manufacturing Co.Michigan Supreme Court · 1907
  2. Ginn v. W. C. Clark Coal Co.Michigan Supreme Court · 1906
  3. Roberts v. SholesMichigan Supreme Court · 1906

3Cited by5 opinions

  1. Holly Sugar Corp. v. FritzlerWyoming Supreme Court · 1931
  2. Cohen v. London Guarantee & Accident Co.Michigan Supreme Court · 1929
  3. Harvard Co. v. HimmeleinMichigan Supreme Court · 1924
  4. Edwards Stanwood Shoe Co. v. CurtisMichigan Supreme Court · 1911
  5. Noble v. PirsonMichigan Supreme Court · 1918

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