Patterson v. Gore
Michigan Supreme Court
Error to Grand Traverse; Mayne, J. Assumpsit in justice’s court by John Patterson against Chester Gore for breach of warranty. From a judgment for plaintiff, defendant appealed to the circuit court. Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtStone, J.
This case originated in justice’s court. The return of the justice upon appeal shows that the declaration and bill of particulars were in writing, in a plea of trespass on the case upon promises, to plaintiff’s damage $150. The plea was the general issue. No written declaration or bill of particulars was returned to the circuit court. In the circuit court the trial proceeded upon the merits of the case without any question being raised upon the condition of the pleadings until near the close of the trial.
In his opening statement to the jury, plaintiff’s counsel claimed that in June, 1911,…
2Cases cited1 opinion
- Garnsley v. BoyceMichigan Supreme Court · 1909
3Cited by3 opinions
- Herbert v. DurgisMichigan Supreme Court · 1936
- Case v. Rudolph Wurlitzer Co.Michigan Supreme Court · 1915
- Detroit Trust Co. v. LangeMichigan Supreme Court · 1934