Legal Opinion

Foster, Charles & Ewen Co. v. Felcher

Michigan Supreme Court

Decided February 6, 1899PublishedCited by 2 opinions

Error to Saginaw; Snow, J. Assumpsit by the Foster, Charles & Ewen Company against Rebecca L. Felcher for goods sold and delivered. From a judgment for plaintiff, defendant brings error.

1Opinion of the CourtMontgomery, J.

Plaintiff recovered a judgment for the purchase price of 30 dozen chairs at the price of #5 per dozen. The defendant brings error.

The testimony on the part of the plaintiff tended to show that in August, 1895, Capt. Felcher, defendant’s husband, called at plaintiff’s shop, and ordered the chairs for use on the boat Periwinkle, of which he was master. The boat was then at the dock in Saginaw, The order was noted on plaintiff’s book, “Captain Felcher; boat Periwinkle.” This, as testified by plaintiff’s salesman, was a memorandum of delivery. Plaintiff did not have the chairs in stock, but…

2Cases cited7 opinions

  1. Hirshfield v. WaldronMichigan Supreme Court · 1890
  2. Meads v. MartinMichigan Supreme Court · 1890
  3. People's Building & Loan Ass'n v. BillingMichigan Supreme Court · 1895
  4. Goodman v. ShipleyMichigan Supreme Court · 1895
  5. Lempke v. FelcherMichigan Supreme Court · 1897

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Bolthouse v. De SpelderMichigan Supreme Court · 1914
  2. Barber v. Eberle's EstateMichigan Supreme Court · 1902

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