Downing v. Underwood
Michigan Supreme Court
Error to Lenawee; Hart (Burton L.), J. Assumpsit by Irving Downing against John L. Underwood for breach of a contract for the sale of certain cattle. Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtSharpe, J.
On October 3, 1919, plaintiff received from defendant 12 head of feeding cattle. The parties are in direct conflict as to the terms or agreement under which they were received. The plaintiff claims that the agreement was that he was to take them at $10.40 per hundred, was to feed them 5 months, when he claims defendant agreed to take them at $13.50 per hundred. He is sustained in this claim by the testimony of his brother who was present when the arrangement was made. His'counsel point out other incidents of the transaction which they claim also support plaintiff’s theory. Defendant insists…
2Cases cited5 opinions
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- Farr v. ChildsMichigan Supreme Court · 1918
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