Gardner v. Gorham
Michigan Supreme Court
Error to Calhoun Circuit Court. Gardner sued Gorham and another in assumpsit. The declaration contained a count for goods sold and delivered, and also the common money counts. The plea was the general issue.
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Error to Calhoun Circuit Court. Gardner sued Gorham and another in assumpsit. The declaration contained a count for goods sold and delivered, and also the common money counts. The plea was the general issue. The bill of exceptions states that on the trial of the cause, the plaintiff offered to prove “ that, some time in the fall of 1838, he sold the defendants a quantity of cloths and flannels, amounting to $700 and upwards, and received in payment therefor a bond and mortgage executed by one Prindle, for about $300 and interest; and a note and mortgage for about $400, executed by one Platt,…
1Opinion of the CourtWhipple, J.
[After some remarks upon the loose and inartificial manner in which the bill of exceptions states what facts the plaintiff offered to prove, and the consequent difficulty in ascertaining therefrom with certainty, what these facts were, the opinion proceeds :]
The facts offered to be proved by the plaintiff on the trial below, were probably as follows: That, some time in the fall of the year 1838, the plaintiff' sold to the defendants domestic cloths and flannels, at a stipulated price, and agreed to receive in payment the securities above mentioned, with the understanding that certain…
2Cited by6 opinions
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- People Ex Rel. P. Koenig Coal Co. v. DavisMichigan Supreme Court · 1926
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