Hosmer v. Wilson
Michigan Supreme Court
Error to Wayne Circuit. The action was originally brought by Wilson against Hosmer & Kerr, in Justices’ court. The declaration was in assumpsit, as follows: “ For work and labor done, and services rendered, and materials furnished, by plaintiff and his servants for defendants, all at request of said defendants.”
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Error to Wayne Circuit. The action was originally brought by Wilson against Hosmer & Kerr, in Justices’ court. The declaration was in assumpsit, as follows: “ For work and labor done, and services rendered, and materials furnished, by plaintiff and his servants for defendants, all at request of said defendants.” The cause was brought into the circuit court by appeal, and on ‘the trial in that court, before a jury, the plaintiff introduced James A. Noble as a witness, who testified: That, in the month of August, 1858, he was the clerk, book-keeper, and (in his absence) general manager of the…
1Opinion of the Court
Christiancv J.:
Whether the written memorandum signed by the de-. fendants below, when taken in connection with the whole transaction between the parties, was understood by all of them as a contract, might have been a fair question of fact for the jury. But admitting the contract to have been proved in all respects as claimed by the plaintiff, and that defendants below wrongfully countermanded the order for-the engine, after the plaintiff had, in good faith, made most of the castings, and done a large part of the work; the first question which arises is, whether the. plaintiff was entitled to…
2Cases cited5 opinions
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Allen v. JarvisSupreme Court of Connecticut · 1849
- Derby v. JohnsonSupreme Court of Vermont · 1848
- Hoagland v. MooreIndiana Supreme Court · 1828
- Moody v. BrownSupreme Judicial Court of Maine · 1852
3Cited by45 opinions
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Alderson v. HoustonCalifornia Supreme Court · 1908
- Woods v. AyresMichigan Supreme Court · 1878
- O'Neill v. Supreme CouncilSupreme Court of New Jersey · 1904
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