Moore v. Detroit Locomotive Works
Michigan Supreme Court
The action was brought to recover the balance clue for. an engine made, sold and delivered by defendants in error to plaintiffs in error for the sum of $2750, and upon which the sum of $1900 had been paid. The action was assumpsit on the common counts. The plea was general issue with notice of special contract, non-fulfillment by defendants in error, and recoupment by plaintiffs in error.
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The action was brought to recover the balance clue for. an engine made, sold and delivered by defendants in error to plaintiffs in error for the sum of $2750, and upon which the sum of $1900 had been paid. The action was assumpsit on the common counts. The plea was general issue with notice of special contract, non-fulfillment by defendants in error, and recoupment by plaintiffs in error. The jury found a verdict for plaintiffs below, (defendants in error,) for the balance of the contract price of the engine and interest, to wit: $947.38. The facts are stated in the opinion.
1Opinion of the Court
Cooley J.
Suit being brought by defendants in error to recover the value of a steam engine made and delivered to Moore, Smith & Co., the latter seek to recoup from the contract price damages alleged to have-been sustained by them, in consequence of a failure to complete and deliver it at the time agreed. The ruling of the Court below had the effect to exclude this defense; and the only question before us is as to the correctness of that ruling.
The contract for the engine was in writing, and bore date December 16, 1863. The locomotive works agreed to make and deliver the engine on or before the…
2Cases cited3 opinions
- Lattimore v. HarsenNew York Supreme Court · 1817
- Coyner v. LyndeIndiana Supreme Court · 1858
- Lawrence v. DaveySupreme Court of Vermont · 1856
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- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Linz v. SchuckCourt of Appeals of Maryland · 1907
- King v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1895
- Rogers v. Rogers & BrotherMassachusetts Supreme Judicial Court · 1885
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