Cobbs & Mitchell v. Boyne City Tanning Co.
Michigan Supreme Court
Error to Kent; Brown, J. Assumpsit by Cobbs & Mitchell, a corporation, against the Boyne City Tanning Company for goods sold and delivered. Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtMoore, J.
Plaintiffs have been selling to defendant hemlock bark since 1901, on an average of something more than 2,000 cords a year. In 1910 the plaintiff delivered 886 1/128 cords. There was paid thereon $8,500. A dispute arose as to the balance due. Litigation followed, and the case was tried before the judge, who made findings of fact and law and gave judgment in favor of the plaintiffs in the sum of $1,335.93. The case is brought here by writ of error.
The suit involves the construction of a written contract, the material parts of which are as follows:
“Witnesseth: That whereas, said party of the…
2Cited by1 opinion
- Barnsdall Refineries, Inc. v. Birnamwood Oil Co.Court of Appeals for the Seventh Circuit · 1936