Tufts v. Verkuyl
Michigan Supreme Court
Error to Ottawa; Padgham, J. Assumpsit by James W. Tufts against John Verkuyl for goods sold and delivered. From a judgment for defendant, plaintiff brings error. Defendant gave plaintiff an order for a second-hand soda fountain; price $150; $35 to be paid on delivery, and balance to be paid in monthly sums, with interest at 6 per cent, from date of shipment. The fountain was shipped, but would not work. Plaintiff was notified.
Read the full summary
Error to Ottawa; Padgham, J. Assumpsit by James W. Tufts against John Verkuyl for goods sold and delivered. From a judgment for defendant, plaintiff brings error. Defendant gave plaintiff an order for a second-hand soda fountain; price $150; $35 to be paid on delivery, and balance to be paid in monthly sums, with interest at 6 per cent, from date of shipment. The fountain was shipped, but would not work. Plaintiff was notified. Defendant sent the apparatus to plaintiff’s agent at Detroit, who examined and returned it, but still it would not work. Defendant finally shipped the fountain to the…
1Opinion of the CourtGrant, J.
(after stating the facts), l. There was an implied, warranty that the fountain was suitable for the purpose for which it was bought. Walter A. Wood Mowing & Reaping Machine Co. v. Gaertner, 55 Mich. 455 (21 N. W. 885); Little v. G. E. Van Syckle & Co., 115 Mich. 480 (73 N. W. 554); Blodget v. Detroit Safe Co., 76 Mich. 538 (43 N. W. 451). Evidence of a verbal ■warranty, such as would be implied by the contract itself, did not change the terms of the written instrument, and it was not error to admit it.
2. One Hutty put up the fountain, and was allowed to testify what, in his judgment, was the…
2Cases cited3 opinions
- Little v. G. E. Van Syckle & Co.Michigan Supreme Court · 1898
- Walter A. Wood Mowing & Reaping Machine Co. v. GaertnerMichigan Supreme Court · 1885
- Blodget v. Detroit Safe Co.Michigan Supreme Court · 1889
3Cited by7 opinions
- Transamerica Leasing Corp. v. Van's Realty Co.Idaho Supreme Court · 1967
- Armstrong, Byrd & Co. v. CrumpSupreme Court of Oklahoma · 1910
- Randall v. J. A. Fay & Egan Co.Michigan Supreme Court · 1909
- Thompson Lumber Co. v. Cozier Container Corp.Idaho Supreme Court · 1958
- Southern Iron & Equipment Co. v. SmithSupreme Court of Missouri · 1914
2 more not listed; retrieve them via the Exa API.