Legal Opinion

Kert v. Endelman

Michigan Supreme Court

Decided July 18, 1918No. Docket No. 8PublishedCited by 4 opinions

Error to Chippewa; Fead, J. Replevin by Charles Kert against Harry H. Endelman for the posséssion of certain hay. Judgment for plaintiff on a directed verdict. Defendant brings error.

1Opinion of the CourtBird, J.

In 1915 plaintiff was a hay buyer in Ottawa, Canada. Defendant resided in Montreal and bought raw furs in and around Sault Ste. Marie. Having had a previous acquaintance of several years the parties met in Ottawa in 1915 and made the following written agreement:

“The party of the first part agrees to pay to the party of the second part the sum of fifty (50) cents per ton on all hay bought by the party of the first part in Chippewa county, Michigan, through the party of the second part. The party of'the fiyst part also agrees to pay to the party of the second part one ($1.00) dollar per ton on…

2Cases cited2 opinions

  1. Pikes Peak Co. v. PfuntnerMichigan Supreme Court · 1909
  2. De Witt v. PrescottMichigan Supreme Court · 1883

3Cited by4 opinions

  1. Stephenson v. GoldenMichigan Supreme Court · 1937
  2. Swift & Co. v. Jamestown National BankCourt of Appeals for the Eighth Circuit · 1970
  3. Joy Oil Co. v. Fruehauf Trailer Co.Michigan Supreme Court · 1947
  4. Swift and Company, a Corporation v. Jamestown National Bank, a Corporation, and Alvin Hornbacher, Doing Business as Jamestown Livestock Sales, Swift and Company, a Corporation v. Jamestown National Bank, a Corporation, and Alvin Hornbacher, Doing Business as Jamestown Livestock SalesCourt of Appeals for the Eighth Circuit · 1970

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