Smith v. Warner
Michigan Supreme Court
Error to Wayne Circuit. This was an action of assumpsit to recover damages for a breach of contract. Tbe declaration contained a special count, and also tlie common counts. The defendant pleaded tlie general issue and gave notice of set-off. The cause was referred. The referees in their report allowed defendant’s set-off to the amount of the plaintiff’s claim, and also allowed their costs of suit. The report was confirmed in the court below.
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Error to Wayne Circuit. This was an action of assumpsit to recover damages for a breach of contract. Tbe declaration contained a special count, and also tlie common counts. The defendant pleaded tlie general issue and gave notice of set-off. The cause was referred. The referees in their report allowed defendant’s set-off to the amount of the plaintiff’s claim, and also allowed their costs of suit. The report was confirmed in the court below. The facts are stated in the opinion.
1Opinion of the Court
Cooley Ch. J.
When this case was presented for our consideration before, the principal question which arose upon the record was, whether the claim of the plaintiff of damages for the non-delivery of a portion of the personal property which, by the contract, the defendants were to transfer to him, was to be considered a claim for unliquidated damages or not. It was not disputed, as we understood it, that an allowance had been made by the referee for such damages; but whether that was so or not, there was nothing in the referee’s report to show that he had not done so, and the inference that he…
2Cited by3 opinions
- Ryder v. EllisMassachusetts Supreme Judicial Court · 1922
- Barker ex rel. Union National Bank v. BarthAppellate Court of Illinois · 1900
- McMann v. H. F. Wilcox Oil & Gas Co.Supreme Court of Oklahoma · 1926