Legal Opinion
Brown v. Kriser
Michigan Supreme Court
Decided February 11, 1902Published
Error to Grand Traverse; Mayne, J. Assumpsit by William L. Brown against Nick Kriser to recover a balance due on a building contract. From a judgment for defendant, plaintiff brings error.
1Opinion of the CourtMoore, J.
This suit was commenced in justice’s court. The declaration was on the common counts in asswhpsit. The plea was the general issue, with notice of set-off. The notice of set-off was as follows:
“The following is a bill of particulars of the defendant’s set-off in the above-entitled cause:
To breach of contract in not completing house by April 1,1898..................- §50 00
To breach of contract in not completing house in accordance with the plans and specifications--------------------------- 50 00
§100 00 ”
The case was appealed to the circuit court, where a judgment was rendered in favor of…
2Cases cited3 opinions
- Hanley v. WalkerMichigan Supreme Court · 1890
- Morley v. Liverpool & London & Globe InsuranceMichigan Supreme Court · 1891
- Pungs v. American Brake-Beam Co.Michigan Supreme Court · 1901