Shaw v. Davis
Michigan Supreme Court
Error to Saginaw Circuit. Ebenezer Davis and Alonzo W. Davis brought suit against Shaw, declaring in assumpsit on the common counts for work and labor performed, and money paid laid out and expended for him.
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Error to Saginaw Circuit. Ebenezer Davis and Alonzo W. Davis brought suit against Shaw, declaring in assumpsit on the common counts for work and labor performed, and money paid laid out and expended for him. Shaw pleaded the general issue, with notice that the work declared for was done under a special contract in writing, dated March 9th, 1858, whereby plain, tiffs agreed to take all the butt staves of defendant near Tuscola, and run and land them on the bank of the Saginaw river near Zilwaukie, for $8 per thousand, or in case the expense of such running should exceed that sum, then…
1Opinion of the Court
Chhistianct J.:
There was no error, in the admission of Shaw’s letter to E. Davis, of April 24th, 1858. Though written to but one of the plaintiffs below, and therefore, without further evidence, it might have been of no .avail, or required to be withdrawn from the jury when their evidence was closed, yet they had the right to its introduction as one link in the chain of evidence, and to follow it up with evidence tending to show that it related to the business in which both plaintiffs were engaged for defendant; and that, from all the circumstances, it must have. been, or was probably,…
2Cited by2 opinions
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