Dallavo v. Richardson
Michigan Supreme Court
Error to Mecosta; Palmer, J. Replevin by John Dallavo against John Richardson and Archie Foster, copartners as Richardson & Foster. From a judgment for plaintiff, defendants bring error.
1Opinion of the CourtMontgomery, J.
This is an action of replevin for a quantity of ties numbering some 3,400. The plaintiff recovered, and the defendants bring error.
The question presented to the court below was whether the plaintiff had purchased of the defendants the ties in question. It was the plaintiff’s theory that the ties had been purchased, sufficiently identified, an inspector agreed upon, a portion of the purchase price paid, and the balance tendered. The plaintiff’s testimony tended to show that *227the bargain for the ties was made on the 26th of August, 1900, and was oral; that in September or October, 1900, he sold…
2Cases cited2 opinions
- Gorman v. BrossardMichigan Supreme Court · 1899
- Whitwell v. WyerMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- Dean v. W. S. Given Co.Supreme Judicial Court of Maine · 1923
- Widmeyer v. CraneNew York Supreme Court · 1923