Burhans v. Corey
Michigan Supreme Court
Error to Ionia Circuit. This was an action brought by the defendants in error to recover damages for a breach of special contract.
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Error to Ionia Circuit. This was an action brought by the defendants in error to recover damages for a breach of special contract. The declaration averred that on the first day of September, 1864, the plaintiffs were the joint owners of a large quantity of wool, to wit: six hundred pounds, and that they bargained and sold said wool to the defendants, who agreed to pay them therefor one dollar per pound on its being delivered to them at Ionia; and it further averred that the defendants did then and there pay the plaintiffs thirty dollars in part payment of the price thereof. It also averred a…
1Opinion of the Court
Campbell J.
Defendants in error sued plaintiffs in error for the price of certain wool sold to them, which they refused to accept and pay for. It was claimed, by plaintiffs in error, that they were exonerated from default, because the wool had not been delivered to them within a reasonable time after notice was mailed directing it to be forwarded. The court charged that, unless the jury found the notice was to be given by mail, the time of the receipt, and not of the mailing, would govern.
This • ruling was correct. There appears on the record no evidence tending to prove any agreement for a…
2Cited by8 opinions
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- Kavanaugh v. Security Trust & Life InsuranceTennessee Supreme Court · 1906
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- Tuttle v. Michigan Air Line RailroadMichigan Supreme Court · 1877
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