Bates Tractor Co. v. Gregory
Michigan Supreme Court
Error to Emmet; Shepherd, J. Assumpsit by the Bates Tractor Company against Amos Gregory and others on certain promissory notes. Judgment for defendants. Plaintiff brings error. This action is brought to recover on two promissory notes, being part of the purchase price of one 25 horse power tractor, with one four-bottom gang plow equipment.
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Error to Emmet; Shepherd, J. Assumpsit by the Bates Tractor Company against Amos Gregory and others on certain promissory notes. Judgment for defendants. Plaintiff brings error. This action is brought to recover on two promissory notes, being part of the purchase price of one 25 horse power tractor, with one four-bottom gang plow equipment. The contract bears date April 25, 1914, is in writing, and contains the following warranty: “Working. — This machine is warranted to do well the work for which it is intended, if properly operated by competent persons. “If the purchaser does not notify the…
1Opinion of the CourtBrooke, J.
(after stating the facts). Defendants gave notice under their plea of the general issue that they would show in defense that they had been induced to sign the notes in question by false and fraudulent representations of the plaintiff, and that by reason of said fraud they had been greatly injured and dam*13aged, which they claimed the right by way of recoupment to set off against the demand of the plaintiff and have the balance certified in their favor. In opening the case counsel for defendants said:
“Now, our defense is not for a breach of warranty or guaranty, but it is that we were induced to…
2Cases cited6 opinions
- J. B. Millet Co. v. AndrewsMichigan Supreme Court · 1913
- Phelps v. WhitakerMichigan Supreme Court · 1877
- Detroit Shipbuilding Co. v. ComstockMichigan Supreme Court · 1906
- Linderman Machine Co. v. Shaw-Walker Co.Michigan Supreme Court · 1915
- John D. Gruber Co. v. SmithMichigan Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Paquin v. Van HoutumMichigan Supreme Court · 1955
- J. B. Colt Co. v. ReadeMichigan Supreme Court · 1922
- Youngs v. Advance-Rumely Thresher Co.Michigan Supreme Court · 1921
- Ashalter v. PetersonMichigan Supreme Court · 1927