Legal Opinion

Tyler v. Stack

Michigan Supreme Court

Decided December 22, 1894Published

Error to Delta. (Stone, J.) Assumpsit. Plaintiffs bring error. The facta are stated in the opinion.

1Opinion of the CourtMontgomery, J.

John K. Stack was the owner .of a. lot in Escanaba, and made a contract with one Le Clair to furnish the material and build a brick store building. During the progress of the work, Le Clair gave to one J. M. Lebeau, plain tiff sJ assignor, an order as follows:

“Escanaba, Mich., October 4, 1890.
“John K. Stack, Esq.:
“You will please pay to J. M. Lebean the sum of six hundred forty-nine and 34-100 dollars ($649.34) for plate glass, when same is duly placed and accepted in your building, and charge the same to my account.
“David Le Odair,
“ Per J. A. Sloane, Attorney.”

Upon this order being presented…

2Cases cited3 opinions

  1. Lynch v. HenryWisconsin Supreme Court · 1890
  2. Ferguson v. DavisMichigan Supreme Court · 1887
  3. Merchants' Bank of Canada v. SchulenburgMichigan Supreme Court · 1882

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