Legal Opinion
American White Bronze Co. v. Gillette
Michigan Supreme Court
Decided October 30, 1891PublishedCited by 3 opinions
Error to Berrien. (O’Hara, J.) Assumpsit. Plaintiff brings error. The facts are stated in the opinion.
1Opinion of the CourtMorse, J.
March 28, 1888, Henry Gitchel, deceased, gave to the plaintiff’s agent, Charles 0. Sherrill, of Niles, Mich., an order for a monument, with certain inscriptions thereon, among which was the following:
Lower tablet — “ Rosanna Gitchel, wife of James Miller. Died July 30, 1876. Age 30 vrs. 11 months.”
The order provided that the shipment was to be made to Mr. 0. 0. Sherrill, Niles,—
“As soon as convenient after June 1, 1888. Payment to be made in cash after work is set in the cemetery. *232* * * This monument is fully warranted in every respect to be just as represented in our circulars.”
The contract…
2Cases cited2 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Davis v. DownsMichigan Supreme Court · 1857
3Cited by3 opinions
- Black v. HerbertMichigan Supreme Court · 1897
- Reed & Prince Mfg. Co. v. Lear, Inc.District Court, W.D. Michigan · 1948
- Wright v. Larson Bros. Wholesale Grocery Co.Supreme Court of Kansas · 1924