W. C. Sterling & Son Co. v. Watson & Bennett Co.
Michigan Supreme Court
Error to Chippewa; O’Brien, J., presiding. Assumpsit by W. C. Sterling & Son Company against Watson & Bennett Company for money had and received. Judgment for plaintiff on á directed verdict. Defendant brings error. W. C. Sterling & Son Company, plaintiff, does business at Monroe, Mich. Watson & Bennett Company, the defendant, does business at De Tour, Mich. Both companies are in the lumber business.
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Error to Chippewa; O’Brien, J., presiding. Assumpsit by W. C. Sterling & Son Company against Watson & Bennett Company for money had and received. Judgment for plaintiff on á directed verdict. Defendant brings error. W. C. Sterling & Son Company, plaintiff, does business at Monroe, Mich. Watson & Bennett Company, the defendant, does business at De Tour, Mich. Both companies are in the lumber business. In 1914 Mr. Sayers, an agent of plaintiff, had a conversation with Mr. Watson, representing the defendant, regarding a proposed contract with defendant, and later Mr. Johnson, also an agent of…
1Opinion of the CourtBrooke, J.
(after stating the facts). Defendant has brought the case to this court by writ of error, claiming that the court erred in failing to submit the same to the jury for the determination of the following questions:(a) Was a contract made?(b) If so, what was the contract?(e) Was the contract broken by plaintiff?(d) If so, what damage did defendant suffer as a result of such breach?
While it is admitted that a meeting of minds upon all essential points is necessary to constitute a valid contract, and, further, that it is the province of the court to construe a document and determine whether or not…
2Cases cited3 opinions
- Hunt v. Supreme CouncilMichigan Supreme Court · 1887
- McGrath v. Detroit, Mackinac & Marquette R. R.Michigan Supreme Court · 1885
- Johnson v. Federal Union Surety Co.Michigan Supreme Court · 1915
3Cited by8 opinions
- Malooly v. York Heating & Ventilating Corp.Michigan Supreme Court · 1935
- International Transportation Ass'n v. BylengaMichigan Supreme Court · 1931
- Higbie v. ChaseMichigan Supreme Court · 1943
- Dodge v. BloodMichigan Supreme Court · 1943
- McIntyre v. Smith-Bridgman & Co.Michigan Supreme Court · 1942
3 more not listed; retrieve them via the Exa API.