Cadillac Machine Co. v. Mitchell-Diggins Iron Co.
Michigan Supreme Court
Error to Wexford; Lamb, J. Assumpsit by the Cadillac Machine Company against the Mitchell-Diggins Iron Company for breach of a contract for the sale of certain pig iron. From the judgment entered, both parties bring error. This case was heard by the court without a jury.
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Error to Wexford; Lamb, J. Assumpsit by the Cadillac Machine Company against the Mitchell-Diggins Iron Company for breach of a contract for the sale of certain pig iron. From the judgment entered, both parties bring error. This case was heard by the court without a jury. After such hearing the following findings of fact were made by the learned circuit judge: “On the 25th day of October, 1916, the parties hereto entered into a certain written contract for the purchase and sale of pig iron, which said contract reads as follows, viz.: “ ‘Pig Iron Contract. “ ‘Issued from the Office of “…
1Opinion of the CourtBrooke, J.
(after stating the facts). Broadly speaking, the plaintiff makes the following contentions:
“(1) A completed sale was made of each of the January, February and March installments of iron and the title to such iron passed to the plaintiff.
“(2) The neglect and failure of the plaintiff to make prompt payment of the February, March and April invoices covering the quotas of iron for January, February, and March was not a material breach of the contract which justified the defendant in rescinding the entire contract.
“(3) The February installment was paid for by defendant’s acceptance of plaintiff’s…
2Cases cited4 opinions
- West v. BechtelMichigan Supreme Court · 1900
- Germain v. LoudMichigan Supreme Court · 1915
- Welsh v. Michigan Maple Co.Michigan Supreme Court · 1910
- Illinois Glass Co. v. United States Horse-Radish Co.Michigan Supreme Court · 1911
3Cited by11 opinions
- Sterling-Midland Coal Co. v. Great Lakes Coal & Coke Co.Illinois Supreme Court · 1929
- Minneapolis Threshing MacH. Co. v. HockingNorth Dakota Supreme Court · 1926
- Dow Chemical Co. v. Detroit Chemical WorksMichigan Supreme Court · 1919
- J. B. Simpson, Inc. v. O'HaraMichigan Supreme Court · 1936
- Palaniuk v. Allis-Chalmers Manufacturing Co.North Dakota Supreme Court · 1928
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