Benjamin v. Richards
Michigan Supreme Court
Error to Schoolcraft. (Steers, J.) Assumpsit. Defendant brings error.
1Opinion of the CourtCaMpbell, J.
Plaintiff sued defendant for the price of .a buggy sold him upon written order. Defendant under the general issue gave notice of a defense arising out of the non-delivery of a stage-wagon, purchased at the same time ,as the-buggy. The chief dispute on the trial arose out of a controversy whether these articles had been purchased in one transaction, or in two independent transactions, — it being ■claimed by plaintiff that there could be no recoupment, because there was no connection between the bargains.
The business was all done at once, but separate orders were given for the buggy and the…
2Cited by1 opinion
- Thorn v. Morgan & Whateley Co.Michigan Supreme Court · 1903