Alderton v. Buchoz
Michigan Supreme Court
Case reserved from "Washtenaw Circuit. This was an,'action- of assumpsit brought originally in' a Justice’s Court, to recover the valué of a'quantity-of mill irons! It was appealed to the Circuit, and the facts found by the'Circuit Court are'substantially thé'following: In May, 1851, the plaintiff was the owner of a quantity of mill irons of an oil mill, then recently burned, situated in Ann Arbor; part of the irons being on the ground where the mill was-burned, and part in…
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Case reserved from "Washtenaw Circuit. This was an,'action- of assumpsit brought originally in' a Justice’s Court, to recover the valué of a'quantity-of mill irons! It was appealed to the Circuit, and the facts found by the'Circuit Court are'substantially thé'following: In May, 1851, the plaintiff was the owner of a quantity of mill irons of an oil mill, then recently burned, situated in Ann Arbor; part of the irons being on the ground where the mill was-burned, and part in the cellar of a building in Ann Arbor, occupied by a Mr. Fall. The plaintiff, by his agent, sold the iron's in May…
1Opinion of the Court
By the Court,
Pratt, J.
The question presented by this case is, whether the parol agreement between the parties for the sale of the mill irons, comes within the statute of frauds. If it does, it must be adjudged void. The statute (R. S. 1846, p. 327, § 3) is in these words: “No contract for the sale of any goods, wares or merchandize, for the price of fifty dollars or more, shall be valid, unless the purchaser shall accept and receive part of the goods sold, or shall give something as earnest to bind the bargain, or in part payment, or" unless some note or memorandum in writing, of the bargain,…
2Cited by7 opinions
- Gorman v. BrossardMichigan Supreme Court · 1899
- Chicago Metal Refining Co. v. Jerome Trading Co.Appellate Court of Illinois · 1920
- Brewster Loud Lumber Co. v. General Builders' Supply Co.Michigan Supreme Court · 1924
- Kendrick v. HochradelMichigan Supreme Court · 1911
- In re PaddockDistrict Court, E.D. Michigan · 1872
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