Union Trust Co. v. Detroit River Transit Co.
Michigan Supreme Court
Error to Wayne; Murfin, J. Assumpsit by the Union Trust Company, administrator of Joseph H. Berry, deceased, against the Detroit River Transit Company for goods sold and delivered. A judgment for plaintiff is reviewed by defendant on writ of error. Joseph H. Berry sold and delivered to the Detroit River' Transit Company a steam clam shell hoist.
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Error to Wayne; Murfin, J. Assumpsit by the Union Trust Company, administrator of Joseph H. Berry, deceased, against the Detroit River Transit Company for goods sold and delivered. A judgment for plaintiff is reviewed by defendant on writ of error. Joseph H. Berry sold and delivered to the Detroit River' Transit Company a steam clam shell hoist. The vende© Eebruary 27, 1907, filed its declaration in the Wayn© circuit court, the substance of the allegations therein, in addition to the common counts in assumpsit, being that plaintiff had a contract to transport and deliver sand in Canada and…
1Opinion of the CourtOstrander, J.
(after stating the facts). The question in this as in all similar cases is whether the writing produced as evidence of the agreement purports to contain all of the terms of the contract. In a particular case, as, for example, Electrical Appliance Co. v. Standard Electric Co., 151 Mich. 662 (115 N. W. 982), it may appear upon the face of the writing that some term has been omitted. In Beld v. Darst, 146 Mich. 143 (109 N. W. 275), a majority of the court, in view of peculiar circumstances recited in the opinion, sustained the ruling of the trial court admitting testimony of a parol…
2Cases cited2 opinions
- Beld v. DarstMichigan Supreme Court · 1906
- Electrical Appliance Co. v. Standard Electric Co.Michigan Supreme Court · 1908
3Cited by1 opinion
- Detroit Trust Co. v. EngelMichigan Supreme Court · 1916