Lehigh v. Standard Tie Co.
Michigan Supreme Court
Error to Mackinac; Shepherd, J. Assumpsit by Mark Lehigh and James Gr. McClintock, copartners as Lehigh & McClintock, against the Standard Tie Company for goods sold and delivered. There was judgment for plaintiffs, and defendant brings error.
1Opinion of the CourtMontgomery, J.
Plaintiffs contracted with defendant to furnish 8,000 to 10,000 cedar ties and 12,000 to 15,000 cedar posts, to be delivered on rail of vessel at St. Martin’s Bay, Mackinac county, on or before June 1, 1905. The contract also provided that for ties made from green *103timber plaintiffs should receive 32 cents,.and for standard ties made from dry timber 30 cents. It also provided that 10 per cent, of the ties might be No. 2’s at 12 cents each on the rail of the vessel. The declaration was special on the contract, averring performance, and also on the common counts. It was shown and averred in the…
2Cited by3 opinions
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- Feelyater v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1922