Haskell v. Hunter
Michigan Supreme Court
Error to Ionia Circuit. This was an action of assumpsit, brought by Frederick Haskell and John Barker, against Daniel F. Hunter, Wilson Homer, Noah Hitchcock, Milton W. Taylor and Thomas Hubbard, to recover damages for breach of a contract on the part of the defendants to sell and deliver to the plaintiffs, at the Michigan Central Railroad dock at; Chicago, Illinois, at the opening of navigation, in 1864, or soon thereafter, one hundred and fifty thousand feet of first and…
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Error to Ionia Circuit. This was an action of assumpsit, brought by Frederick Haskell and John Barker, against Daniel F. Hunter, Wilson Homer, Noah Hitchcock, Milton W. Taylor and Thomas Hubbard, to recover damages for breach of a contract on the part of the defendants to sell and deliver to the plaintiffs, at the Michigan Central Railroad dock at; Chicago, Illinois, at the opening of navigation, in 1864, or soon thereafter, one hundred and fifty thousand feet of first and second clear pine flooring, at the price of twenty-six dollars per thousand feet, to be paid on delivery. The cause was…
1Opinion of the CourtCooley, J.
The circuit court was clearly in error in directing the jury to deduct the eighteen thousand two hundred feet of lumber received by the plaintiffs from the whole amount to be delivered, when they entered upon a computation of damages. The effect of the instruction was to deprive the plaintiffs of any recovery in respect to this portion of the lumber, as if it had been delivered in compliance with the contract and accepted by the plaintiffs in satisfaction of the undertaking of the defendants to that extent. But the. record shows that it was not delivered as agreed, and that the plaintiffs…
2Cited by10 opinions
- Illinois Central Railroad v. CrailSupreme Court of the United States · 1930
- Leo Austrian & Co. v. SpringerMichigan Supreme Court · 1892
- Paine v. SherwoodSupreme Court of Minnesota · 1875
- Theiss v. WeissSupreme Court of Pennsylvania · 1895
- Hardwood Lumber Co. v. Adam & SteinbruggeSupreme Court of Georgia · 1910
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