Savercool v. Farwell
Michigan Supreme Court
Error to Wayne Circuit. This was an action of assumpsit to recover damages for a breach of contract to deliver lumber. The declaration set forth two different contracts. The common counts were also added. The defendant pleaded the general issue, and gave notice of recoupment.
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Error to Wayne Circuit. This was an action of assumpsit to recover damages for a breach of contract to deliver lumber. The declaration set forth two different contracts. The common counts were also added. The defendant pleaded the general issue, and gave notice of recoupment. On the trial the plaintiff offered in evidence a contract, bearing dato January 9, 1867, made and executed by S. Savercool and J. H. Farwell, by the terms of which, said Savercool agreed to deliver to said Farwell on the Michigan Central Rail Road dock, in Detroit, 'one hundred thousand feet of boards, twelve and…
1Opinion of the Court
Christiancy J.
The contract of April 9 was properly admitted in evidence. It did not change the mode or rate of payment mentioned in the prior contract of January 9.' By the prior contract one hundred thousand feet of the lumber were to be delivered by the 15th of May, and payments to be made as follows: Eighty per cent, on each lot of fifty thousand feet, and the balance on delivery of the whole amount. By that of April 9, one hundred and fifty thousand feet of the lumber mentioned in- the prior contract were to be delivered by the first day of May, and it is silent as to the mode or rate of…
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