Brucker v. Manistee & Grand Rapids Railroad
Michigan Supreme Court
Error to Osceola; Rose, J. Assumpsit by B. Ferdinand Brucker and Charles M. Roberts against the Manistee & Grand Rapids Railroad Company for work and material and for breach of contract. Judgment for plaintiffs. Defendant brings error.
1Opinion of the CourtHooker, J.
The plaintiffs contracted with defendant to grade a railroad; their compensation to be by the yard for fills and cuts, and by the acre for clearing land. They performed a portion of the contract, and defendant finished the work. The declaration is in assumpsit for damages for the breach of the contract, and on the common counts for work and labor done and materials furnished; A trial was had and a verdict and judgment for the plaintiffs followed. Defendant appealed.
Defendant asserts:
First. That the trial judge allowed the jury to find that the defendant and its engineers were guilty of fraud…
2Cases cited5 opinions
- Newman v. OlneyMichigan Supreme Court · 1898
- Brown v. FosterMichigan Supreme Court · 1904
- Tregent v. MaybeeMichigan Supreme Court · 1884
- Hoey v. HartyMichigan Supreme Court · 1882
- Thomas v. SchramMichigan Supreme Court · 1883
3Cited by5 opinions
- J. R. Watkins Co. v. RichMichigan Supreme Court · 1931
- Isbell v. Anderson Carriage Co.Michigan Supreme Court · 1912
- Anderson’s Vehicle Sales, Inc v. Omc-LincolnMichigan Court of Appeals · 1979
- Busam Motor Sales v. Ford Motor Co.Court of Appeals for the Sixth Circuit · 1953
- Wolverine World Wide, Inc. v. American Insurance Company, TheDistrict Court, W.D. Michigan · 2021