Drake Coal Co. v. Croze
Michigan Supreme Court
Error to Houghton; Streeter, J. Assumpsit by the Drake Coal Company against Joseph Croze for goods sold and delivered. There was judgment for plaintiff, and defendant brings error. Plaintiff brought suit to recover the price of a cargo of coal sold and delivered by it to the defendant. The declaration was on the common counts in assumpsit for goods sold and delivered.
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Error to Houghton; Streeter, J. Assumpsit by the Drake Coal Company against Joseph Croze for goods sold and delivered. There was judgment for plaintiff, and defendant brings error. Plaintiff brought suit to recover the price of a cargo of coal sold and delivered by it to the defendant. The declaration was on the common counts in assumpsit for goods sold and delivered. Defendant with his plea of the general issue gave notice of recoupment, alleging that the coal was delivered under an agreement that the plaintiff was to deliver not less than 4,000 tons of coal during the season of 1902.-…
1Opinion of the CourtGrant, J.
(after stating the facts). There was but *61one contract made between the parties. The coal was delivered under that contract. If the contract included one cargo, the plaintiff was entitled to recover. If the contract included more, and the plaintiff Had failed to perform it, then the plaintiff was entitled to recover for the coal delivered less what damages the defendant had sustained by reason of the plaintiff’s failure to perform. The defendant did not set up a claim in avoidance of an admitted contract. On the contrary, he denied that any such contract, as the plaintiff claims, was made. The…
2Cases cited3 opinions
- Homire v. RodgersSupreme Court of Iowa · 1888
- Dillon v. PinchMichigan Supreme Court · 1896
- Berringer v. Lake Superior Iron Co.Michigan Supreme Court · 1879
3Cited by2 opinions
- Weaver v. RichardsMichigan Supreme Court · 1909
- Drake Coal Co. v. CrozeMichigan Supreme Court · 1911