Hallett v. Gordon

This case has been in this court once before, and is reported in 122 Mich. 567 (81 N. W. 556). In an opinion by Hooker, J., it was held the contract sued upon was void under the statute of frauds; that the action being assumpsit for the breach of an alleged warranty, and no contract relations ever having existed between the parties to the record, the defendant could not be sued in this form of action, but plaintiff’s only remedy, if any, against this defendant, was an action on the case *365for the alleged fraud and deceit. Judgment having passed for the plaintiff below, it was reversed, and no…