Allis v. Voigt

This action grows out of a contract mentioned in Allis v. Voigt, 83 Mich. 537. That portion of the contract necessary to a discussion of the principles here involved is set out in that case.

The contract contains the following clause:

“ The above machinery to be erected in the Crescent Mills, Grand Eapids, Michigan, without expense to you, except that you shall do all teaming required in Grand Eapids, and furnish all mason and carpenter work.”

The declaration in the present case counts—

1. Upon the undertaking of the defendants safely to convey said fly-wheel from the depot at Grand Eapids to…