Davis v. Downs
Michigan Supreme Court
Error to Jackson Circuit Court. This was an action of assumpsit, brought to recover the purchase price of fifty sets of skeins and boxes.
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Error to Jackson Circuit Court. This was an action of assumpsit, brought to recover the purchase price of fifty sets of skeins and boxes. The plaintiffs below were in business at Seneca Pails, New York, under the firm of Downs & Co.; the defendants below, at Jackson, being contractors in the State Prison, under the style of D'ayis,-Austin‘& Co.- ■ ’ - In September, 1854, Austin, on behalf of his firm, left with Downs & Co. an order for fifty sets of skeins and boxes, at a specified price, and to- be of a particular size. Downs & Co. had no castings on hand of the size wanted by Davis, Austin…
1Opinion of the Court
By the Court,
Willson, J.
The exception to the charge of the Court below, was abandoned on the argument, and ir will, therefore, only be necessary for us to review the remaining exception. The defendants in error were bound by the contract, to deliver fifty sets of skeins and boxes as soon as practicable. No time for the delivery was fixed by the contract; they were, therefore, entitled to a reasonable time for its fulfillment on their part. It is insisted on the part of the plaintiffs in error, that the contract was entire, and that, unless it was fulfilled by the vendors, the vendees could…
2Cited by4 opinions
- American White Bronze Co. v. GilletteMichigan Supreme Court · 1891
- Fox v. UtterWashington Supreme Court · 1893
- Lyon v. McDonaldMichigan Supreme Court · 1883
- Mancourt-Winters Coal Co. v. Ford Motor Co.Michigan Supreme Court · 1926