Hunton v. Hertz & Hosbach Co.
Michigan Supreme Court
Error to Wayne; Frazer, J. Assumpsit by Albert K. Hunton, administrator of the estate of Wilson H. Tousey, deceased, against the Hertz & Hosbach Company, for goods sold and delivered. From a judgment for plaintiff, defendant brings error. Plaintiff brought suit to recover the value of two car loads of birch lumber sold by the deceased to the defendant. The first sale was made through Mr. Tousey’s agents, commission merchants in Detroit; Mr. Tousey living in Bay City.
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Error to Wayne; Frazer, J. Assumpsit by Albert K. Hunton, administrator of the estate of Wilson H. Tousey, deceased, against the Hertz & Hosbach Company, for goods sold and delivered. From a judgment for plaintiff, defendant brings error. Plaintiff brought suit to recover the value of two car loads of birch lumber sold by the deceased to the defendant. The first sale was made through Mr. Tousey’s agents, commission merchants in Detroit; Mr. Tousey living in Bay City. This load was unsatisfactory, and Morris R. Tousey, the son of the deceased, went to Detroit and saw the defendant. It seems to…
1Opinion of the Court
Grant, O. J.
(after stating the facts). The case appears to -have been submitted by counsel, and in the instruction of the court, upon the theory that the authority conferred upon the commission men by the deceased was material. This authority was contained in letters which passed- between the deceased and the commission men.. Mr. Morris R. Tousey was a witness for the plaintiff, and upon cross-examination was asked to produce the correspondence. The witness admitted the letters were in court, and in the possession of his counsel. His counsel stated that they were ready to produce them, if so…
2Cases cited1 opinion
- Powers v. RussellMichigan Supreme Court · 1872
3Cited by6 opinions
- Robertson v. CommonwealthSupreme Court of Virginia · 1943
- People v. MillerNew York Court of Appeals · 1931
- United States v. Armour & Co.District Court, N.D. Illinois · 1906
- Ex Parte Anniston Personal Loans, Inc.Supreme Court of Alabama · 1957
- Randall v. Detroit & Northwestern RailwayMichigan Supreme Court · 1905
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