Wickes Bros. v. Hill
Michigan Supreme Court
Error to Schoolcraft; Steere, J. Trover by Wickes Brothers, a corporation, against William H. Hill and others. From a judgment for plaintiff on verdict directed by the court, defendants bring error. Plaintiff, under dates of October 1 and December 13, 1892, sold to defendant the Northern Cedar Shingle Company, a partnership, certain machinery, consisting of an engine, boiler, shafting, and other articles necessary for the equipment of a shingle mill.
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Error to Schoolcraft; Steere, J. Trover by Wickes Brothers, a corporation, against William H. Hill and others. From a judgment for plaintiff on verdict directed by the court, defendants bring error. Plaintiff, under dates of October 1 and December 13, 1892, sold to defendant the Northern Cedar Shingle Company, a partnership, certain machinery, consisting of an engine, boiler, shafting, and other articles necessary for the equipment of a shingle mill. The contract of October 1st was evidenced by a receipt, signed by the shingle company as well as by plaintiff, reciting the property delivered,…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. It is insisted by the plaintiff that these contracts were not conditional, but that they were leases for a fixed term, at a fixed rental, with an option in the lessee to purchase the property at a fixed price; and that, therefore, this case is ruled bj Couse v. Tregent, 11 Mich. 65; Powell v. Eckler, 96 Mich. 538. Both of these cases involved personal property which, under no circumstances, could become real estate. We are therefore of the opinion that they have no application to a case like the present, involving property which, as is well known, is liable to be…
2Cases cited17 opinions
- Voorhees v. . McGinnisNew York Court of Appeals · 1872
- Porter v. Pittsburg Bessemer Steel Co.Supreme Court of the United States · 1887
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Taylor v. CollinsWisconsin Supreme Court · 1881
- Robertson v. CorsettMichigan Supreme Court · 1878
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3Cited by12 opinions
- Morris v. AlexanderMichigan Supreme Court · 1919
- Thomson v. SmithSupreme Court of Iowa · 1900
- United States Construction Co. v. Hamilton National BankIndiana Court of Appeals · 1920
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- Luce v. Stott Realty Co.Michigan Supreme Court · 1918
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