Bottomley v. Brown
Michigan Supreme Court
Appeal from St. Clair; Tucker, J. Bill by William C. Bottomley and Henry E. Dryer, copartners as Bottomley & Dryer, against Allen Brown for an injunction restraining defendant from engaging in the grain and elevator business at Berville, Michigan. From a decree for defendant, complainants appeal.
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Appeal from St. Clair; Tucker, J. Bill by William C. Bottomley and Henry E. Dryer, copartners as Bottomley & Dryer, against Allen Brown for an injunction restraining defendant from engaging in the grain and elevator business at Berville, Michigan. From a decree for defendant, complainants appeal. In the year 1905'defendant sold and transferred to complainants, who are personally named in the instrument evidencing the sale and are described therein as a partnership under the name Bottomley & Dryer, an elevator and warehouse, built on railroad land at Berville, Mich., and all machinery,…
1Opinion of the CourtOstrander, J.
(after stating the facts). The trial judge was wrong, in my opinion, in giving too narrow a meaning to defendant’s promise. Clearly, defendant is in the elevator business, whether strictly in the grain business or not. The testimony supports the conclusion that he has introduced into his mill, as apparatus for conducting his business, machinery for cleaning and elevating beans, machinery similar in purpose and operation to that installed by complainants in their elevator. It is the most common of common knowledge that elevators built along railroad tracks as convenient facilities for…
2Cases cited2 opinions
- Cashin v. PliterMichigan Supreme Court · 1912
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3Cited by5 opinions
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- Stoia v. MiskinisMichigan Supreme Court · 1941
- Barton v. Thompson's EstateMichigan Supreme Court · 1923
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