Bills v. A. W. Stevens Co.
Michigan Supreme Court
Error to Shiawassee; Miner, J. Assumpsit by Seward A. Bills against the A. W. Stevens Company for commissions on the sale of certain machinery. There was judgment for plaintiff, and de- ' fendant brings error.
Read the full summary
Error to Shiawassee; Miner, J. Assumpsit by Seward A. Bills against the A. W. Stevens Company for commissions on the sale of certain machinery. There was judgment for plaintiff, and de- ' fendant brings error. Plaintiff, acting under an agency contract, sold, as agent for the defendant, a Wisconsin corporation, machinery of the value of $3,078, and by and with the advice and consent of the State agent of defendant and under his instructions accepted in part payment secondhand machinery at a value of $1,103. The remainder of the purchase price was evidenced by promissory notes, secured by a…
1Opinion of the CourtOstrander, J.
(after stating the facts). It is apparent that errors assigned as Nos. 1, 2, and 4 are badly *519assigned and cannot be considered. No exception was taken to the court’s refusal to take the case from the jury and direct a verdict for the defendant, which fact would dispose of the third assignment; but, if it had been otherwise, material facts were in. dispute and the case was a proper one for a jury. No exceptions were taken to the refusal of the court to grant defendant’s motion for a new trial, for which reason the error assigned as sixth is not for discussion.
The fifth assignment of error…
2Cited by2 opinions
- Reynick v. Aldington & Curtis Manufacturing Co.Michigan Supreme Court · 1914
- Webber v. BillingsMichigan Supreme Court · 1915