Buchoz v. Grandjean & Grandjean
Michigan Supreme Court
Error to- Wayne Circuit Court. Henry and Gustave Grandjean, who were partners, sued Buchoz in- the court below, in assumpsit on an award.
Read the full summary
Error to- Wayne Circuit Court. Henry and Gustave Grandjean, who were partners, sued Buchoz in- the court below, in assumpsit on an award. On the trial of the cause, the plaintiffs below, after having introduced evidence of the submission to arbitration by Buchoz and Henry Grandjean, on behalf of himself and Gustave, who was not present when the submission was entered into, offered the award of the arbitrators in evidence, which was objected to by defendant’s counsel, for the reason, that no authority was shown by Henry* from Gustave to enter into the submission for him, Gustave. The objection…
1Opinion of the Court
By the court,
Mundt, J.
The reason for the ruling of the court, as appears from the bill of exceptions, was, “ that if the defendant chose to submit for the consideration of the arbitrators, matters existing and in dispute between him and the two Grandjeans, he could do so: and if he did so, and the account was made out in the name of the two Grandjeans and himself, and submitted without objection on his part, *368be coulcl not now object that Henry Grandjean Was not authorized to act in behalf of himself and brother, as partners.” Such conduct on the part of Buchoz might amount to an admission…
2Cases cited2 opinions
- Karthaus v. Yllas Y FerrerSupreme Court of the United States · 1828
- Eastman v. BurleighSuperior Court of New Hampshire · 1822
3Cited by2 opinions
- Davis v. BergerMichigan Supreme Court · 1884
- Walker v. BeanSupreme Court of Minnesota · 1886