Price v. Marthen
Michigan Supreme Court
Error to Ogemaw; Sharpe, J. Assumpsit by Milbert E. Price and Willard E. Main, copartners as the Equitable Manufacturing Company, against William B. Marthen, for goods sold and delivered. Erom a judgment for defendant, plaintiffs bring error. ■ Plaintiffs were partners, doing business under the firm name of the Equitable Manufacturing Company. Their business was the manufacture and sale of musical instruments known as the “American Musical Automatons.”
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Error to Ogemaw; Sharpe, J. Assumpsit by Milbert E. Price and Willard E. Main, copartners as the Equitable Manufacturing Company, against William B. Marthen, for goods sold and delivered. Erom a judgment for defendant, plaintiffs bring error. ■ Plaintiffs were partners, doing business under the firm name of the Equitable Manufacturing Company. Their business was the manufacture and sale of musical instruments known as the “American Musical Automatons.” Their place of business was at Iowa City, Iowa. The sale was made through an agent. The contract was in writing, signed by both parties, and…
1Opinion of the CourtGrant, J.
(after stating the facts). There is no testimony that defendant was intoxicated, or that there was fraud or false representation, unless it be that the agent represented to defendant that he could have the machine on commissions. Under the defendant’s own testimony, all the talk about commissions was had before the contract was executed. The defendant had ample opportunity to read it. It was his own folly if he chose not to do so. It was not a long one. He knew that it was to be sent by the agent to the plaintiffs, to be acted upon by them. It contained definite terms of payment, and provided…
2Cited by8 opinions
- Paddock v. HatchMichigan Supreme Court · 1912
- Collier v. StebbinsMichigan Supreme Court · 1926
- Northern Assurance Co. v. MeyerMichigan Supreme Court · 1916
- Dye v. ThompsonMichigan Supreme Court · 1901
- Price v. MarthenMichigan Supreme Court · 1900
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