Edwards v. Sanborn
Michigan Supreme Court
Error to Wayne Circuit. The action was assumpsit, by Edivards against Sanborn, The declaration contained two counts, the first of which alleged that on July 21st, 1855, plaintiff bought of defendant a circular saw mill at the price of $435, to bo paid for as follows $233 in plaintiff’s note at six months from August 15th, 1855, with interest; $202 in cash, August 15th, 1855, which was paid when due; and in consideration thereof defendant promised to, ship the said saw mill…
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Error to Wayne Circuit. The action was assumpsit, by Edivards against Sanborn, The declaration contained two counts, the first of which alleged that on July 21st, 1855, plaintiff bought of defendant a circular saw mill at the price of $435, to bo paid for as follows $233 in plaintiff’s note at six months from August 15th, 1855, with interest; $202 in cash, August 15th, 1855, which was paid when due; and in consideration thereof defendant promised to, ship the said saw mill from Sandy Hill, New York, where defendant resided, to plaintiff, at Ontonagon, on the day last aforesaid. Breach, that…
1Opinion of the Court
Manning J.:
This is an action to recover damages for not shipping' from Sandy Hill, in the state of New York, to the plaintiff at Ontonagon, a circular saw mill purchased of defendant, and agreed to be shipped by him on a certain day.
On the 81st of July, 1855, plaintiff contracted with defendant for a circular saw mill. The contract price was four hundred and thirty-five dollars, of which sum two hundred and thirty-three dollars were paid at the time, by a note at six months, payable, with use, at the Michigan Insurance Bank, and the balance was to be paid in cash on the 15th of August, when…
2Cited by3 opinions
- Banish v. City of HamtramckMichigan Court of Appeals · 1968
- McCreery v. GreenMichigan Supreme Court · 1878
- Dayton v. Estate of DakinMichigan Supreme Court · 1894