Hinchman v. Matheson Motor Car Co.
Michigan Supreme Court
Error to Wayne; Murphy, J. Assumpsit by F. Archer Hinchman against the Matheson Motor Car Company on a contract of employment. There was .judgment for plaintiff, and defendant brings error. The defendant, a Michigan corporation, in 1904 had its manufacturing plant at Holyoke, Mass. It desired to remove it to Detroit, Mich. Negotiations were entered into between the defendant through its manager, Mr. Matheson, and plaintiff who was a resident of Detroit.
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Error to Wayne; Murphy, J. Assumpsit by F. Archer Hinchman against the Matheson Motor Car Company on a contract of employment. There was .judgment for plaintiff, and defendant brings error. The defendant, a Michigan corporation, in 1904 had its manufacturing plant at Holyoke, Mass. It desired to remove it to Detroit, Mich. Negotiations were entered into between the defendant through its manager, Mr. Matheson, and plaintiff who was a resident of Detroit. These negotiations resulted in a contract evidenced by a letter from the plaintiff .to the defendant and accepted by it. Plaintiff’s letter…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The most-important question arises upon the construction of the contract. The learned counsel for the defendant insists that the clause “I will undertake to dispose of approximately $100,000 of the preferred stock,” is an absolute agreement; that he failed to perform it, and therefore cannot recover for his services as treasurer. We think counsel in error. Plaintiff agreed to do two things, neither of which was dependent upon the performance of the other. He agreed to act as treasurer for one year for which he was to receive a monthly compensation. He also was to…
2Cases cited4 opinions
- Milligan v. Sligh Furniture Co.Michigan Supreme Court · 1897
- Seymour v. Detroit Copper & Brass Rolling MillsMichigan Supreme Court · 1885
- Bolt v. FriederickMichigan Supreme Court · 1885
- Moore v. NasonMichigan Supreme Court · 1882
3Cited by5 opinions
- Joslin v. NoretMichigan Supreme Court · 1923
- Eberts v. Mt. Clemens Sugar Co.Michigan Supreme Court · 1914
- Saari v. George C. Dates & Associates, Inc.Michigan Supreme Court · 1945
- Loud v. Federal InsuranceMichigan Supreme Court · 1917
- Jameson v. Board of EducationWest Virginia Supreme Court · 1916