Bresler v. Pendell
Michigan Supreme Court
Error to Wayne Circuit. The cause, in the Court below, was referred to a referee, who reported the following facts: “That in the month of May or June, 1860, one Charles E. Bresler made a contract with Eugene St. Amour, for the erection by the said St. Amour, for said Bresler, of a block of buildings . on Michigan Avenue, in the city of Detroit.
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Error to Wayne Circuit. The cause, in the Court below, was referred to a referee, who reported the following facts: “That in the month of May or June, 1860, one Charles E. Bresler made a contract with Eugene St. Amour, for the erection by the said St. Amour, for said Bresler, of a block of buildings . on Michigan Avenue, in the city of Detroit. That according to said contract, said block of buildings was to be two stories in height, with walls of eight inches in thickness, and that the pillai-s of said block and the lintels were to be of wood. That after said contract was so made, St. Amour…
1Opinion of the Court
Manning J.:
There does not seem to me to be any good reason for discriminating between the extra and the. other work. If either was done on the promise of Bresler, it was not on his solé promise, but on his promise in connection with the previous promise of St. Amour, and therefore, if supported by a consideration, should have been in writing to bind Bresler. If, as some of the witnesses state, Pendell refused to go on with the work under his contract with St. Amour, because he was not paid by him, and on that account abandoned the work, and afterwards resumed it on the promise of Bresler, the…
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