Computing Scale Co. v. Tripp
Michigan Supreme Court
Error to Allegan; Padgham, J. Assumpsit in justice’s court by the Computing Scale-Company against Burrell Tripp for goods sold and delivered. Plaintiff recovered judgment, and defendant brought certiorari to the circuit court. There was judgment at the circuit for plaintiff, and defendant brings error.
1Opinion of the CourtMoore, C. J.
The plaintiff sued the defendant in justice’s court to recover the price of some scales sold to him. The defendant claimed the sale was a conditional one, which he had a right to cancel, and did cancel. The case was tried before the justice of the peace, who rendered a judgment in favor of the plaintiff. The defendant, instead of appealing the case, removed it to the circuit court by writ of certiorari. The circuit judge was of the opinion that, as the return of the justice showed there was other evidence given on the trial besides that returned and set forth by the justice, there was no…
2Cases cited2 opinions
- Wilson v. Township BoardMichigan Supreme Court · 1891
- Forbes Lithograph Manufacturing Co. v. WinterMichigan Supreme Court · 1895
3Cited by1 opinion
- Bettendorf v. F. W. Woolworth Co.Michigan Supreme Court · 1951