Tower v. Detroit, Lansing & Lake Michigan Railroad
Michigan Supreme Court
Error to Ionia Circuit. to the point that the performance or completion contemplated by a contract is such only as is required by the true spirit and meaning of the contract and the intention of the parties as therein expressed, cited: 2 Bars.
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Error to Ionia Circuit. to the point that the performance or completion contemplated by a contract is such only as is required by the true spirit and meaning of the contract and the intention of the parties as therein expressed, cited: 2 Bars. Oont., 656; O’Neal v. Henry, 3 Jones, Law, 517; that where a party stipulates to do a certain thing in a certain specified event which may become known to him, or with which he can make himself acquainted, and which does not lie within the peculiar knowledge of the opposite party, he is not entitled to notice of the happening of the event unless he…
1Opinion of the Court
Cooley, Oh. J:
The facts in this case are very fully set out in the finding of the circuit judge, as follows:
“This suit is brought to recover the amount claimed to be due on a certain contract made by the defendant, a copy of which reads as follows, to-wit:
“‘$1,000.
‘“For value received, I promise to pay to the order of H. H. Smith one thousand dollars, one year after the completion of the proposed Ionia, Stanton & Northern Railroad to Sheridan, in Montcalm county, from its junction with the Detroit, Lansing & Lake Michigan Railroad; provided *330said railroad be completed to Stanton May 1, 1873.…
2Cases cited3 opinions
- Underwood v. WaldronMichigan Supreme Court · 1863
- Comstock v. HowdMichigan Supreme Court · 1867
- Stevens v. CorbittMichigan Supreme Court · 1876
3Cited by10 opinions
- Yelverton v. SteeleMichigan Supreme Court · 1879
- Neumann v. Calumet & Hecla Mining Co.Michigan Supreme Court · 1885
- Carolina Spruce Co. v. Black Mountain R.Tennessee Supreme Court · 1917
- Conrad v. La RueMichigan Supreme Court · 1883
- Chicago, Kansas & Western Railroad v. MakepeaceSupreme Court of Kansas · 1890
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