McKinley v. Small
Michigan Supreme Court
Error to Newaygo; Barton, J. Assumpsit by John McKinley against Fred L. Small and others on promissory notes of defendants. Judgment for plaintiff on a directed verdict. Defendants bring error.
1Opinion of the CourtBird, J.
This case was before this court on a prior occasion, and reversed because of the failure of the trial court to submit to the jury a certain question of fact. 178 Mich. 555 (146 N. W. 230). A retrial has been had, and it is here again for review. The main issue in the first trial was whether plaintiff should recover against defendants on a certain promissory note given by them for a Percheron stallion. The defendants resisted the payment on the ground that the plaintiff had not lived up to his warranty of the horse. The warranty was as follows:
“We guarantee the above named horse to be a…
2Cases cited5 opinions
- Monroe v. Hickox, Mull & Hill Co.Michigan Supreme Court · 1906
- Twin City Creamery Co. v. GodfreyMichigan Supreme Court · 1913
- Black v. De CampSupreme Court of Iowa · 1889
- Canavan v. NeeldSupreme Court of Pennsylvania · 1899
- McKinley v. SmallMichigan Supreme Court · 1914
3Cited by1 opinion
- Thomas v. ReeceMichigan Supreme Court · 1952