Mills v. Spencer
Michigan Supreme Court
Error to Kent Circuit. The plaintiff in error entered into an agreement with the defendant in error in the words following : “ "Whereas, Beach G. Spencer, of Grand Rapids, Michigan, has, this nineteenth day of Februai-y, 1850, sold and delivered his entire stock of goods in trade as per invoice, to James P. Scott, of the village of Grandville, in said State, amounting in all to the sum of eight thousand four hundred and twenty-four dollars and twenty-three cents.
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Error to Kent Circuit. The plaintiff in error entered into an agreement with the defendant in error in the words following : “ "Whereas, Beach G. Spencer, of Grand Rapids, Michigan, has, this nineteenth day of Februai-y, 1850, sold and delivered his entire stock of goods in trade as per invoice, to James P. Scott, of the village of Grandville, in said State, amounting in all to the sum of eight thousand four hundred and twenty-four dollars and twenty-three cents. “ Whereas, the said James B. Scott, for the purpose of securing ' the payment of the amount of said purchase,, has made and…
1Opinion of the Court
By the Court,
Johnson, J.
The first error assigned by plaintiff is as follows, viz: “ That the said Spencer had not made such a case in the third count of said declaration,- or in the breach thereof, as entitles him to a recovery against said Mills for any deficiency of the goods in said count, mentioned at the time of, said Spencer’s taking possession of the same under the notice of said Mills, as it does not appear by said agreement that Mills was to incur any liability in such a contingency.”
This involves a construction of the contract upon which the defendant, who was the plaintiff below,…
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