Industrial Works v. Mitchell
Michigan Supreme Court
Error to Saginaw; Wilber, J. Assumpsit by the Industrial Works against John A. Mitchell and Chauncey E. Mitchell upon promissory notes. From a judgment for plaintiff, defendants bring error.
1Opinion of the CourtMontgomery, J.
In the month of December, 1890, defendants had a contract for dredging for the government at Sand Beach, Mich. It became necessary for them to build a dredge to be used in performing their contract. They entered into a contract with the plaintiff, by the terms of which the plaintiff agreed to furnish and deliver the machinery necessary to be used in the dredge as early as March 1, 1891, at an agreed price. Plaintiff brought this action to recover upon notes given in renewal of notes previously given for the purchase price. Defendants sought to recoup damages occasioned by delay in not…
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