Obenauer v. Solomon
Michigan Supreme Court
Error to Alpena; Emerick, J. Assumpsit by Henry G. Obenauer against Selig Solomon on a contract for the sale of certain timber.' There was judgment for plaintiff, and defendant brings error. Plaintiff recovered a verdict and judgment in the trial court.
Read the full summary
Error to Alpena; Emerick, J. Assumpsit by Henry G. Obenauer against Selig Solomon on a contract for the sale of certain timber.' There was judgment for plaintiff, and defendant brings error. Plaintiff recovered a verdict and judgment in the trial court. The material facts are as follows: September 5, 1902, defendant executed and delivered to plaintiff an exhibit, of which the following is the substance: “ Henry G. Obenauer, Esq.: I have for sale for the season of 1903, three million feet of Norway which I wish to cut into timber including about ten per cent, tamarack to be cut from 4 x 4 to 8…
1Opinion of the CourtCarpenter, J.
(after stating the facts). We are asked to reverse the judgment upon several grounds.
1. Construction of the writing. It is.defendant’s contention that the writing, properly construed, did not impose upon him any obligation; that he was at complete liberty to refuse to sell the timber to any purchaser whom plaintiff might procure within the 10 days mentioned therein. We deem it sufficient to say that in our judgment this contention cannot be maintained, for, if so, it follows, as stated by the learned trial judge, “that the paper amounted to nothing in the nature of contract rights, or…
2Cases cited6 opinions
- Hosmer v. WilsonMichigan Supreme Court · 1859
- Platt v. BrandMichigan Supreme Court · 1872
- National Cash Register Co. v. BlumenthalMichigan Supreme Court · 1891
- Liggett Spring & Axle Co. v. Michigan Buggy Co.Michigan Supreme Court · 1895
- Town v. JepsonMichigan Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Anderson v. Wallowa National BankOregon Supreme Court · 1921
- Glassman v. BarronMassachusetts Supreme Judicial Court · 1931
- Carpenter v. SmithMichigan Court of Appeals · 1985
- Artlin Realty Co. v. GlassSupreme Court of Oklahoma · 1935
- Stolaroff v. CampbellCourt of Appeals of Texas · 1929
11 more not listed; retrieve them via the Exa API.