Legal Opinion

Day Leather Co. v. Michigan Leather Co.

Michigan Supreme Court

Decided October 31, 1905No. Docket No. 100PublishedCited by 5 opinions

Error to Wayne; Rohnert, J. Assumpsit by the Day Leather Company against the Michigan Leather Company for goods sold and delivered. There was judgment for plaintiff, and defendant brings error.

1Opinion of the CourtMcAlvay, J.

Plaintiff, an Indiana corporation, sued defendant, a Michigan corporation, in assumpsit for a balance claimed to be due for certain goods sold and delivered by it to defendant. The negotiations for the sale of the goods were had through G. A. Lilly & Co., brokers acting for plaintiff. The memorandum or order upon which the goods were shipped was in triplicate as follows:

*534“The Day Leather Co.,
“Michigan Leather Co.,
“ Detroit, Mich.
“At once.
“Terms, 2?» 30 days.
“30 rolls No. 1 harness, 22/26 lbs. at 30c.
“ 75 rolls B. harness, 22/26 lbs. at 29c.
“ Ship in one car and secure carload rates.
“ REMARKS.
“C…

2Cited by5 opinions

  1. Germain Fruit Co. v. J. K. Armsby Co.California Supreme Court · 1908
  2. Bayer v. Winton Motor Car Co.Michigan Supreme Court · 1916
  3. Buick Motor Co. v. Reid Manufacturing Co.Michigan Supreme Court · 1907
  4. Sullivan Machinery Co. v. BreedenIndiana Court of Appeals · 1907
  5. John D. Gruber Co. v. SmithMichigan Supreme Court · 1917

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