Legal Opinion

Barker v. Cleveland

Michigan Supreme Court

Decided October 19, 1869PublishedCited by 27 opinions

Error to Lenawee Circuit. Assumpsit for goods sold and delivered. Plea, general issue, with notice of set off and breach of warranty; and, puis darr. con. a judgment between the same parties in bar.

1Opinion of the Court

Cooley Ch. J.

• The record in this case exhibits the following state of facts:

On January 18, 1868, Cleveland brought suit against Barker & Bewick before a Justice of the Peace of Lenawee County, to recover the price of a quantity of cranberries sold by him to them, together with the packages containing them, and an oil barrel. The defendants pleaded the general issue, with notice of set off, and also the following notice: “That in, to wit, October 1865, the defendants bargained with plaintiff for a large quanitv, to wit, 20 barrels of cranberries, which the said plaintiff promised to sell and…

2Cases cited5 opinions

  1. Castle v. . NoyesNew York Court of Appeals · 1856
  2. Bellinger v. CraigueNew York Supreme Court · 1860
  3. Doty v. . BrownNew York Court of Appeals · 1850
  4. Betts v. StarrSupreme Court of Connecticut · 1825
  5. Williams v. FitzhughNew York Supreme Court · 1865

3Cited by27 opinions

  1. Gunzberg v. MillerMichigan Supreme Court · 1879
  2. Hlady v. Wolverine Bolt Co.Michigan Supreme Court · 1975
  3. Curry v. City of DetroitMichigan Supreme Court · 1975
  4. Comstock v. SmithMichigan Supreme Court · 1873
  5. Ressequie v. ByersWisconsin Supreme Court · 1881

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