Paccalona v. Peninsula Bark & Lumber Co.
Michigan Supreme Court
Case-made from Chippewa; Steere, J. Assumpsit by Louis Paccalona against the Peninsula Bark & Lumber Company for an amount due plaintiff for services rendered and materials furnished under a special contract. An order overruling a plea in abatement is reviewed by defendant on writ of error.
1Opinion of the CourtBird, J.
The complainant commenced an action of assumpsit against the defendant, and filed his declaration containing a special count and also the common counts, *606and later He filed a bill of particulars showing that his claim was for 225f cords of tan bark at $4 per cord.
The defendant filed a plea in abatement, which set up, in substance, a former adjudication of plaintiff’s claim. A hearing on the plea in the trial court resulted in an order overruling it. The defendant now contends in this court that the trial court was in error in overruling its plea.
The record discloses that Paccalona contracted…
2Cases cited2 opinions
- McEwen v. BigelowMichigan Supreme Court · 1879
- Huntoon v. RussellMichigan Supreme Court · 1879
3Cited by7 opinions
- Gwynn v. WilhelmOregon Supreme Court · 1961
- Sahn v. BrissonMichigan Court of Appeals · 1972
- Van Pembrook v. Zero Manufacturing Co.Michigan Court of Appeals · 1985
- Fischer v. HammonsArizona Supreme Court · 1927
- Ward v. Hunter MacHinery Co.Michigan Supreme Court · 1933
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