Smith v. Warner
Michigan Supreme Court
Error to Wayne Circuit. This was an action on contract brought by plaintiff against defendants, to recover damages for non-delivery of certain personal property. The declaration contained a special count as to the breach, and also the common counts. Defendants plead the general issue with notice of set-off and recoupment. The parties consented to a reference of the cause to Thomas S. Blackmar.
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Error to Wayne Circuit. This was an action on contract brought by plaintiff against defendants, to recover damages for non-delivery of certain personal property. The declaration contained a special count as to the breach, and also the common counts. Defendants plead the general issue with notice of set-off and recoupment. The parties consented to a reference of the cause to Thomas S. Blackmar. After the filing of his report exceptions were taken by plaintiff, whereupon defendants’ attorney applied to the Court for a re-reference to the same referee, with respect to a certain finding, and…
1Opinion of the Court
Campbell J.
Suit was brought upon a contract, whereby Warner and Catlin agreed to sell and deliver to Simeon Smith, the plaintiff, a considerable amount of goods, household and other furniture, stock and implements, which were all to be delivered at a future day named in the contract. Payment was to be made by Smith in sawing lumber, (which was to be taken by him at places specified, and sawed and piled upon the docks named,) and in lath and shingles. The declaration set forth as a breach the failure of the defendants to furnish certain specified articles included in the sale. It also…
2Cases cited6 opinions
- Sharp v. Mayor of New YorkNew York Supreme Court · 1860
- Gordon v. BowneNew York Supreme Court · 1807
- Handley v. Dobson's Adm'rSupreme Court of Alabama · 1845
- Hopkins v. MegquireSupreme Judicial Court of Maine · 1852
- Babcock v. PeckNew York Supreme Court · 1847
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3Cited by10 opinions
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- B. & O. R. R. v. JamesonWest Virginia Supreme Court · 1878
- DeLong v. StahlSupreme Court of Kansas · 1874
- Runnels v. MoffatMichigan Supreme Court · 1889
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