Legal Opinion

Twin City Creamery Co. v. Godfrey

Michigan Supreme Court

Decided July 9, 1913No. Docket No. 122PublishedCited by 6 opinions

Error to Berrien; Bridgman, J. Assumpsit by the Twin City Creamery Company against Charles H. Godfrey and Ephraim L. Brant for breach of a written contract. Judgment for defendants on a directed verdict. Plaintiff brings error.

1Opinion of the CourtBird, J.

On January 15, 1910, Godfrey and Brant, *110the defendants, entered into a written contract with the Twin City Creamery Company, the plaintiff, to furnish and install in perfect working order a refrigerating plant in its factory at Benton Harbor and have it completed and ready for operation by May 1, 1910. The plant, when installed, was warranted to produce certain results. The work was delayed, and the plant was not completed until August 1st, at which time it was tendered to the Creamery Company, and acceptance was refused on the ground that it failed to produce the results guaranteed. Payment…

2Cases cited3 opinions

  1. Monroe v. Hickox, Mull & Hill Co.Michigan Supreme Court · 1906
  2. Black v. De CampSupreme Court of Iowa · 1889
  3. Canavan v. NeeldSupreme Court of Pennsylvania · 1899

3Cited by6 opinions

  1. Nunn v. BrillhartTexas Commission of Appeals · 1922
  2. Graves Ice Cream Co. v. Rudolph W. Wurlitzer Co.Court of Appeals of Kentucky (pre-1976) · 1937
  3. Morris & Co. v. Power Mfg. Co.Court of Appeals for the Sixth Circuit · 1927
  4. Pettibone Wood Manufacturing Co. v. Pioneer Construction Co.Supreme Court of Virginia · 1961
  5. McKinley v. SmallMichigan Supreme Court · 1916

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