McArthur v. Luce
Michigan Supreme Court
Error to Alpena. Assumpsit. Plaintiff brings error. A claim cannot be re-opened if after having been disputed and asserted in good faith, it has been settled without fraud, undue advantage or mistake of fact, Kercheval v. Doty 31 Wis. 476; Trigg v. Bead 5 Humph. 529; Larue v. White 8 Dana 46; Boss v. McLauehlan 7 Graft. 86; an account stated may be impeached for mistake, Lochvood v. Thorne 11 N. T. 170; Philips v. Belden 2 Edw.
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Error to Alpena. Assumpsit. Plaintiff brings error. A claim cannot be re-opened if after having been disputed and asserted in good faith, it has been settled without fraud, undue advantage or mistake of fact, Kercheval v. Doty 31 Wis. 476; Trigg v. Bead 5 Humph. 529; Larue v. White 8 Dana 46; Boss v. McLauehlan 7 Graft. 86; an account stated may be impeached for mistake, Lochvood v. Thorne 11 N. T. 170; Philips v. Belden 2 Edw. Ch. 1; or an award set aside, Garter v. Carter 109 Mass. 306; Spoor v. Tyzzer 115 Mass. 40; specific performance will be denied when there was a mutual mistake as to…
1Opinion of the CourtMarston, C. J.
Luce & Co., in demanding that McArthur pay them for logs cut, as they supposed, upon their land, acted in entire good faith. They had a survey made, and according thereto the plaintiff had cut logs over the line. When the claim was made upon the plaintiff he employed a surveyor and they went upon the land and plaintiff then became satisfied that he had cut and taken logs from off defendants’ land, and authorized a settlement to be made, which was done. This was in 1871 and all parties rested in the belief that a correct settlement had been made until some time in 1875 when a new survey…
2Cited by9 opinions
- City of Indianapolis v. McAvoyIndiana Supreme Court · 1882
- State Savings Bank v. BuhlMichigan Supreme Court · 1901
- Lane v. Pere Marquette Boom Co.Michigan Supreme Court · 1886
- Board of County Road Commissioners v. Midland Contracting Co.Michigan Supreme Court · 1929
- Fegan v. Great Northern Railway Co.North Dakota Supreme Court · 1899
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