Hollister v. Brown
Michigan Supreme Court
Error to Kalamazoo Circuit. Tliis is an action of assumpsit brought in the Circuit Court for tbe County of Kalamazoo, by Isaac A. Brown and William E. Browning against George E. Hollister, upon a special agreement to pay one-lialf of the expense of erecting a party wall. The defendant pleaded the general issue and gave notice of a tender.
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Error to Kalamazoo Circuit. Tliis is an action of assumpsit brought in the Circuit Court for tbe County of Kalamazoo, by Isaac A. Brown and William E. Browning against George E. Hollister, upon a special agreement to pay one-lialf of the expense of erecting a party wall. The defendant pleaded the general issue and gave notice of a tender. The plaintiffs and defendant were owners of adjoining lots; and the plaintiffs being about to erect a building on their lot, they entered into a verbal agreement by which the defendant undertook to pay to the plaintiffs, (as claimed by them), the reasonable…
1Opinion of the Court
Christianoy J.
Had the defendant below objected to the writing, and the evidence of BroAvn in connection therewith, — offered for the purpose of showing that the amount and dimensions of the wall used by the defendant had been agreed upon by the parties, — on the ground that the paper was not signed by the defendant, and did not purport to speak for him; that it could only be used by the witness as a memorandum, or that it showed upon its face that it was merely the claim of the plaintiff's, presented or to be presented to the contemplated arbitrators, and was therefore repugnant to the offer,…
2Cited by4 opinions
- Ward v. WardMichigan Supreme Court · 1877
- Arnold v. EllisMichigan Court of Appeals · 1966
- Wheaton v. WhittemoreMichigan Supreme Court · 1882
- Danielson v. DyckmanMichigan Supreme Court · 1872