Stevens v. Lakewood Utilities Co.
Michigan Supreme Court
Error to Muskegon; Sullivan, J. Assumpsit by Samuel Stevens against the Lakewood Utilities Company for a balance claimed to be due on a contract to fill defendant’s ice houses. Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtOstrander, J.
(after stating the facts). The undisputed testimony presented a single issue for the jury, which was whether the ice on May 15, 1914, was in good shape, in good keeping order. I am satisfied that the trial court intended to submit this as the controlling issue. A charge of considerable length was given which, when read in its entirety, seems to present other issues and to permit a recovery by plaintiff, no matter in what condition the ice may have been on May 15, 1914.
The _ce was stored for the purpose of keeping it for use in warm weather — for use after May 15th — and there are, of course,…
2Cited by1 opinion
- Chaffee v. ChaffeeMichigan Supreme Court · 1917