Legal Opinion

Sullivan v. Detroit, Ypsilanti & Ann Arbor Railway

Michigan Supreme Court

Decided March 8, 1904No. Docket No. 2PublishedCited by 29 opinions

Error to Wayne; Carpenter, J. Assumpsit by J. Emmet Sullivan against the Detroit, Ypsilanti & Ann Arbor Railway for services rendered. Erom a judgment for plaintiff, defendant brings error. Some time in the summer or fall of 1897, three men, Messrs. Russell, Angus, and Liggett, entered into a scheme for the organization of an electric railway to run from Detroit to Ann Arbor.

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Error to Wayne; Carpenter, J. Assumpsit by J. Emmet Sullivan against the Detroit, Ypsilanti & Ann Arbor Railway for services rendered. Erom a judgment for plaintiff, defendant brings error. Some time in the summer or fall of 1897, three men, Messrs. Russell, Angus, and Liggett, entered into a scheme for the organization of an electric railway to run from Detroit to Ann Arbor. There already existed a street railway in Ypsilanti, another in Ann Arbor, and a third between those two cities. The scheme was to unite those three, and extend the road to Detroit. Plaintiff was an attorney at law in…

1Opinion of the CourtGrant, J.

(after stating the facts). The theory of *665the declaration and of the right of recovery in this case is that plaintiff had no express contract with the defendant, but that he rendered services for it under such circumstances that the law implies a contract, and presumes a promise by the defendant to pay for the services so rendered, and of which it has had the benefit. Plaintiff’s own evidence conclusively establishes the fact that he had no contract, either express or implied, with the defendant, until the contract of employment of March 15th, but that he made an express contract with the…

2Cases cited19 opinions

  1. Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
  2. Carnig v. CarrMassachusetts Supreme Judicial Court · 1897
  3. Pennsylvania Co. v. DolanIndiana Court of Appeals · 1892
  4. Walker v. BrownIllinois Supreme Court · 1862
  5. Lord v. GoldbergCalifornia Supreme Court · 1889

14 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Toussaint v. Blue Cross & Blue ShieldMichigan Supreme Court · 1980
  2. Snyder v. FreemanSupreme Court of North Carolina · 1980
  3. Lynas v. Maxwell FarmsMichigan Supreme Court · 1937
  4. Vetco Concrete Company v. TROY LUMBER COMPANYSupreme Court of North Carolina · 1962
  5. Arentz v. Morse Dry Dock & Repair Co.New York Court of Appeals · 1928

24 more not listed; retrieve them via the Exa API.

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