Savings Society Commercial Bank v. Michigan Mutual Liability Co.

Plaintiff, appellant, mortgagee of an automobile insured by defendant, appellee, seeks to recover in cash the sum of $1,860.90, the amount which the defendant paid to repair damages to the automobile. The case was tried to the court on an agreed stipulation of facts. Judgment was entered for the defendant.

The two assignments of error are:

“(1) The trial court erred in holding that there was no contract between defendant-appellee and plaintiff-appellant.

“ (2) The trial court erred in finding that if an obligation existed, it was fulfilled when defendant-appellee repaired the car, without notice…