Grimes v. Van Vechten
Michigan Supreme Court
Error to Kalamazoo Circuit. This was au action brought in the Circuit Court for the County of Kalamazoo, by Charles D. Van Vechten and Morgan L. Fitch, against Cecil D. Grimes and Francis Coleman, in which the plaintiffs declared on the common counts in assumpsit.
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Error to Kalamazoo Circuit. This was au action brought in the Circuit Court for the County of Kalamazoo, by Charles D. Van Vechten and Morgan L. Fitch, against Cecil D. Grimes and Francis Coleman, in which the plaintiffs declared on the common counts in assumpsit. The defendants pleaded the general issue and gave notice in defense “that on or about the fourth day of April, A. D. 1867, the said defendants at Mattawan, purchased of the said plaintiffs, a car load of 2d clear lumber at $35 per thousand, to be delivered by way of the Michigan Central Railroad to the defendants at Kalamazoo. That…
1Opinion of the Court
Campbell, Ch. J.
Defendants in error sued plaintiffs in error for the price of a car load of lumber. The defense was in substance that two car loads were included in the same original bargain, which was verbal. That when the first load arrived at Kalamazoo from Mattawan, where it was shipped, the purchasers refused to accept it, as not conforming in quality to the contract. That thereupon one of the vendors came to Kalamazoo, and on his assurance and promise that any deficiency should be made good in settling for the second car *412load, (which is the one in suit), the first car load was accepted…
2Cited by15 opinions
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- Thorbahn v. Walker's EstateMichigan Supreme Court · 1934
- Smith v. BrennanMichigan Supreme Court · 1886
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