Donovan v. Daiber
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit by James H. Donovan against Philip Daiber for money paid to defendant’s use. From a judgment for plaintiff, defendant brings error. Plaintiff was a member of the Detroit Board of Trade. His business was that of a commission merchant, buying and selling wheat and other produce upon commission. His version of the transaction is as follows: Defendant deposited with him $200, and gave him orders to trade for him in grain in Chicago.
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Error to Wayne; Hosmer, J. Assumpsit by James H. Donovan against Philip Daiber for money paid to defendant’s use. From a judgment for plaintiff, defendant brings error. Plaintiff was a member of the Detroit Board of Trade. His business was that of a commission merchant, buying and selling wheat and other produce upon commission. His version of the transaction is as follows: Defendant deposited with him $200, and gave him orders to trade for him in grain in Chicago. On June 14, 1897, defendant gave plaintiff an order to sell for him in Chicago 5,000 bushels of wheat for July delivery.…
1Opinion of the CourtGrant, J.
(after stating the facts). The case comes squarely within Gregory v. Wendell, 40 Mich. 432, where contracts of this character were ably discussed by the late Justice Cooley, unless the act of 1887 (3 Comp. Laws 1897, § 11373) makes such contracts as were approved in that decision void. The statute is printed in the margin.1 *53Under the plaintiff’s testimony, he did not know whether defendant had 5,000 bushels of wheat to sell, and did not ask him. A party may make a binding agreement to sell that which he does not have. He may go into the market and purchase it, and he cannot defend, when…
2Cases cited10 opinions
- Embrey v. JemisonSupreme Court of the United States · 1889
- Gregory v. WendellMichigan Supreme Court · 1879
- Peters v. GrimSupreme Court of Pennsylvania · 1892
- Whitesides v. HuntIndiana Supreme Court · 1884
- Carland v. Western Union Telegraph Co.Michigan Supreme Court · 1898
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3Cited by4 opinions
- Carson v. Milwaukee Produce Co.Wisconsin Supreme Court · 1907
- De Mary v. Burtenshaw's EstateMichigan Supreme Court · 1902
- Wilkie v. WellerMichigan Supreme Court · 1923
- Clark v. Kent Circuit JudgeMichigan Supreme Court · 1900