Talbert v. Solventol Chemical Products, Inc.

{dissenting). I am not in accord with the opinion of Mr. Justice North. He bases decision upon our ruling in Old Ben Coal Co. v. Universal Coal Co., 248 Mich. 486. In that case plaintiff agreed to buy 100 cars of coal at $1.40 per ton and defendant promised to deliver them. After four cars bad been delivered, defendant breached the contract. We there said (p. 495):

“In cases in contract for breach of contract, where the amount of damages may be computed definitel3r by a standard referable to the contract and stated in a given amount, garnishment is permitted under the reasoning of the court in…