Thomas v. Caulkett
Michigan Supreme Court
Error to Allegan. (Arnold, J.) Assumpsit. Defendant brings error. Recovery may be had on the common counts alone where the declaration counts on an express contract that has been fully performed : MoGraw v. Sturgeon 29 Mich. 426 ; Fuller v. Bice 52 Mich. 436; the common counts are independent of the special coun,t, and evidence of the value of services was admissible under the common counts and the bill of particulars : Hall v. .Woodin 35 Mich. 68; Hart v. Summers 38 Mich.…
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Error to Allegan. (Arnold, J.) Assumpsit. Defendant brings error. Recovery may be had on the common counts alone where the declaration counts on an express contract that has been fully performed : MoGraw v. Sturgeon 29 Mich. 426 ; Fuller v. Bice 52 Mich. 436; the common counts are independent of the special coun,t, and evidence of the value of services was admissible under the common counts and the bill of particulars : Hall v. .Woodin 35 Mich. 68; Hart v. Summers 38 Mich. 399; see as to the validity of the contract of employment ; Kellogg v. Larkin 56 Am. Dec. 169; Bennett v. Clough 1 B. &…
1Opinion of the CourtCampbell, J.
Plaintiff sued defendant for services in going with him from Allegan to Detroit, and giving his views about defendant’s condition, arising out of injuries in a railroad accident upon the Lake Shore & Michigan Southern road. There were some further items for expenses and treatment.
The defendant considered that he had a cause of action for his injuries, and had some correspondence with the eompanjT, who would not pay him what he was willing to accept. Finally it was arranged that he should go to Detroit and confer with the counsel of the company, and, if necessary, be examined. Plaintiff was to…
2Cited by24 opinions
- Hoge v. GeorgeWyoming Supreme Court · 1921
- Conklin v. ConklinMichigan Supreme Court · 1911
- Horbach v. CoyleCourt of Appeals for the Eighth Circuit · 1924
- Miller v. AndersonWisconsin Supreme Court · 1924
- Manufacturers & Merchants Inspection Bureau v. Everwear Hosiery Co.Wisconsin Supreme Court · 1913
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