Seiber v. Price
Michigan Supreme Court
Error to Wayne Circuit. The agreement declared upon, and referred to in the opinion, is as follows: “Whereas, heretofore to wdt, on or about the 7th day of November, 1867, Jefferds Price sold and delivered two horses to Martin Seiber, of Detroit, for one hundred and ninety-six dollars, and also said Jefferds Price gave to said Seiber, his note of twenty dollars, for which he, said Price, received from said Seiber two promissory notes given by Alexander Eaton, jr., for one…
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Error to Wayne Circuit. The agreement declared upon, and referred to in the opinion, is as follows: “Whereas, heretofore to wdt, on or about the 7th day of November, 1867, Jefferds Price sold and delivered two horses to Martin Seiber, of Detroit, for one hundred and ninety-six dollars, and also said Jefferds Price gave to said Seiber, his note of twenty dollars, for which he, said Price, received from said Seiber two promissory notes given by Alexander Eaton, jr., for one hundred dollars each, dated the sixth day of October, 1866, payable one year after date at seven per cent., and whereas,…
1Opinion of the Court
©RAVES, J.
This was a suit by defendant in error, on a covenant set out in the declaration, and the first objection is, that a breach is not assigned.
■ The plaintiff in error contends that his covenant was in the alternative, and that he had the right either to collect the Eaton notes of Brooks, and pay over the, agreed sum from the proceeds on or before July 1, 1868, or after the latter date to pay the same sum from his own means, and that the averment of non-payment after July first, did not negative performance through collection of Brooks, and payment out of such collection, but merely…
2Cited by14 opinions
- Spear v. PendillMichigan Supreme Court · 1911
- Snyder v. WilleyMichigan Supreme Court · 1876
- Lyon v. WaldoMichigan Supreme Court · 1877
- Gallaway v. BurrMichigan Supreme Court · 1875
- Thompson v. NiggleySupreme Court of Kansas · 1894
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