E. G. Dailey Co. v. Clark Can Co.
Michigan Supreme Court
Error to Wayne; Rohnert, J. Assumpsit by the E. G. Dailey Company against the Clark Can Company for the breach of a contract to furnish certain cans. From a judgment for plaintiff, defendant brings error.
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Error to Wayne; Rohnert, J. Assumpsit by the E. G. Dailey Company against the Clark Can Company for the breach of a contract to furnish certain cans. From a judgment for plaintiff, defendant brings error. On November 10, 1898, the defendant made to the plaintiff the following proposition: “We hereby agree to supply to the E. G. Dailey Company, from date to January 1, 1900, all the cans they will use for packing in their factory on Fourteenth street, at the below-mentioned prices, delivered at their factory, Fourteenth street and railway; terms cash, and with the usual guaranty as to leaks.…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The argument of the learned counsel for defendant is that the written proposal and acceptance constituted not a mutual, but a. unilateral, contract, or a mere option, by which defendant at most was only bound to furnish such cans as plaintiff should specifically order before the offer was withdrawn, and that, after having filled all such orders, and withdrawn its offer, all liability ceased. This contract must be construed in the light of the surrounding circumstances. Plaintiff had been in the canning business since 1893. A large part of its material had been…
2Cases cited3 opinions
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Cooper v. Lansing Wheel Co.Michigan Supreme Court · 1892
- Hickey v. O'BrienMichigan Supreme Court · 1900
3Cited by20 opinions
- Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue FactoryNew York Court of Appeals · 1921
- Tennant v. WildeCalifornia Court of Appeal · 1929
- Hardwick v. American Can Co.Tennessee Supreme Court · 1904
- Big Four Ice & Cold Storage Co. v. WilliamsCourt of Appeals of Texas · 1928
- McLouth Steel Corporation v. Jewell Coal and Coke CompanyCourt of Appeals for the Sixth Circuit · 1978
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