Standard Fashion Co. v. Cummings

The plaintiff, a New York corporation, brought suit in assumpsit in justice’s court, declaring orally on all the common counts, and specially on the contract hereinafter set forth. Defendant pleaded the general issue. From a judgment for defendant, after *197a trial upon the merits, plaintiff appealed to the circuit court. Plaintiff’s case upon trial in the circuit court was substantially as follows: Prior to .January 23, 1907, plaintiff had sold to I. Jay Cummings, who owned and conducted a retail store at Paw Paw, Mich., a stock of paper patterns amounting to $150, of which $75 remained unpaid.…