Snook v. Mt. Clemens Sugar Co.
Michigan Supreme Court
Error to Macomb; Tucker, J. Assumpsit by Thomas W. Snook against the Mt. Clemens Sugar Company for breach of contract. Judgment for plaintiff, which the trial court required to be reduced upon penalty of a new trial. • Plaintiff remitted and defendant brings error.
1Opinion of the CourtMoore, J.
This case has been here before. A reference to the opinion (180 Mich. 691, 146 N. W. 631) will be helpful now. After that opinion was handed down defendant asked the plaintiff for the delivery of the barrels which were the subject of the controversy. When plaintiff made delivery of the *594barrels they had, defendant claimed that fewer were delivered than were involved in the controversy, and moved for a rehearing for that and other reasons. Affidavits were filed and a hearing had. The trial judge required the plaintiff to remit $291.55 of the judgment, or to submit to a new trial. The plaintiff…
2Cases cited4 opinions
- Detzur v. B. Stroh Brewing Co.Michigan Supreme Court · 1899
- Hintz v. Michigan Central RailroadMichigan Supreme Court · 1903
- North Michigan Land & Live Stock Co. v. KneelandMichigan Supreme Court · 1907
- T. W. Snook & Son v. Mt. Clemens Sugar Co.Michigan Supreme Court · 1914
3Cited by3 opinions
- Alder v. Flint City Coach Lines, Inc.Michigan Supreme Court · 1961
- Rockafellow v. StreeterMichigan Supreme Court · 1952
- Von Essen v. VosMichigan Supreme Court · 1952