Legal Opinion
Hunt v. W. F. Hurd Co.
Michigan Supreme Court
Decided April 3, 1919No. Docket No. 15PublishedCited by 6 opinions
Error to Wayne; Chester, J., presiding. Assumpsit in justice’s court by Charles Hunt and others, copartners as Hunt, Washington & Smith, against W. F. Hurd Company for goods sold and delivered. There was judgment for defendant, and plaintiffs appealed to the circuit court. Judgment for plaintiffs. Defendant brings error.
1Opinion of the CourtFellows, J.
On May 4, 1915, defendant wrote plaintiffs enclosing an order for five cars of “1st and 2nds kiln dried plain red oak * * * graded national rules” at $51 per thousand, f. o. b. Detroit, “terms 2% 10 days after arrival.” On May 10th the plaintiff accepted the order. In its letter of acceptance of the order the following appears:
*143“We enter your order, dated 5/4/15, No. 7584, and accept and agree to fill same upon the conditions as herein stated. * * *
“And it is here agreed that if any shipment on this order is found to be short in measurement, or different grade, or if there is any complaint, to…
2Cited by6 opinions
- Sterling-Midland Coal Co. v. Great Lakes Coal & Coke Co.Illinois Supreme Court · 1929
- Minneapolis Threshing MacH. Co. v. HockingNorth Dakota Supreme Court · 1926
- Palaniuk v. Allis-Chalmers Manufacturing Co.North Dakota Supreme Court · 1928
- Kirby v. Gibson Refrigerator Co.Michigan Supreme Court · 1936
- Renne v. VolkWisconsin Supreme Court · 1926
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