Godkin v. Weber
Michigan Supreme Court
Error to Wayne; Rohnert, J. Assumpsit by John Godkin against Joseph E. Weber for goods sold and delivered. There was judgment for plaintiff, and defendant brings error. Plaintiff, a wholesale lumber dealer in Bay City, had a conversation over the telephone with the defendant, a retail lumber dealer in Detroit, on the evening of December 19, 1904, in regard to the purchase of certain lumber.
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Error to Wayne; Rohnert, J. Assumpsit by John Godkin against Joseph E. Weber for goods sold and delivered. There was judgment for plaintiff, and defendant brings error. Plaintiff, a wholesale lumber dealer in Bay City, had a conversation over the telephone with the defendant, a retail lumber dealer in Detroit, on the evening of December 19, 1904, in regard to the purchase of certain lumber. That conversation is immaterial, as all prior conversations and orders were merged in the written contract afterwards made. On December 20th plaintiff wrote defendant stating what he understood the bargain…
1Opinion of the CourtGrant, C. J.
{after stating the facts). The sole controversy in this cases arises from the mill culls. Was there a valid sale of them ? is the only important question. The original contract excluded mill culls, but contemplated that some would be mixed with the lumber. Whatever were so shipped defendant had the right to throw out. Upon notification it would have been the duty of the plaintiff to take thém away. If the mill culls, as the court instructed the jury, were sufficient in quantity to justify the defendant in refusing to accept the lumber, it was his duty to promptly notify the plaintiff. He did…
2Cases cited3 opinions
- Couillard v. JohnsonWisconsin Supreme Court · 1869
- Spencer v. HaleSupreme Court of Vermont · 1858
- Webster v. AndersonMichigan Supreme Court · 1880
3Cited by6 opinions
- Deitrick v. SinnottSupreme Court of Iowa · 1920
- Leonard v. RothMichigan Supreme Court · 1911
- James Mack Co. v. Bear River Milling Co.Utah Supreme Court · 1924
- Preger v. BarnettMichigan Supreme Court · 1913
- Brown v. Seal Peel, Inc.Michigan Supreme Court · 1953
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