Julius Kessler & Co. v. Veio
Michigan Supreme Court
Error to Cheboygan; Shepherd, J. Assumpsit by Julius Kessler & Company against Joseph Veio and Fred Veio, copartners as Veio Bros., for goods sold and delivered. There was judgment for plaintiff on a verdict directed by the court for less than the amount claimed, and it brings error. Plaintiff is an Illinois corporation, with its headquarters in Chicago. It owns United States bonded distillery warehouses at several points in Kentucky.
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Error to Cheboygan; Shepherd, J. Assumpsit by Julius Kessler & Company against Joseph Veio and Fred Veio, copartners as Veio Bros., for goods sold and delivered. There was judgment for plaintiff on a verdict directed by the court for less than the amount claimed, and it brings error. Plaintiff is an Illinois corporation, with its headquarters in Chicago. It owns United States bonded distillery warehouses at several points in Kentucky. Defendants are retail liquor dealers in Cheboygan, Mich. Negotiation for the purchase and sale of some liquor was began by the defendants writing a letter to…
1Opinion of the CourtGrant, J.
{after stating the facts). Plaintiff insists that the contract was executed, and title passed. Defendants insist that the contract was executory, and that-no title passed except to the goods shipped. Defendants’ letter plainly contemplated the purchase of ten barrels of whiskey, not two barrels. The price per gallon for ten barrels might be less than the price for two barrels. Plaintiff accepted defendants’ offer as to price, quality, quantity, and terms of payment, and in its reply gave its construction to defendants’ order, viz., that it was to be a sale of ten barrels at so much per…
2Cases cited7 opinions
- Lingham v. EgglestonMichigan Supreme Court · 1873
- First National Bank of Green Bay v. DearbornMassachusetts Supreme Judicial Court · 1874
- Fishback v. G. W. Van Dusen & Co.Supreme Court of Minnesota · 1885
- Scudder v. BradburyMassachusetts Supreme Judicial Court · 1871
- Rail v. Little Falls Lumber Co.Supreme Court of Minnesota · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- O. A. Olin Co. v. LambachIdaho Supreme Court · 1922
- Turner-Looker Co. v. AprileAppellate Division of the Supreme Court of the State of New York · 1921
- Julius Kessler & Co. v. ZachariasMichigan Supreme Court · 1906
- Carver v. ShermanMichigan Supreme Court · 1912
- Julius Kessler & Co. v. LackieMichigan Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.