Legal Opinion

Ruttle v. Foss

Michigan Supreme Court

Decided April 1, 1910No. Docket No. 31PublishedCited by 5 opinions

Error to Bay; Sharpe, J., presiding. Assumpsit by Charles S. Ruttle against Edgar B. Foss for services rendered. A judgment for plaintiff is reviewed by defendant on writ of error. The facts m this case and those involved in Ruttle v. Mining Co., post, 150 (125 N. W. 787), are a history of relations existing between plaintiff and defendant. Like that case, this one is a suit to recover the value of the services of the plaintiff.

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Error to Bay; Sharpe, J., presiding. Assumpsit by Charles S. Ruttle against Edgar B. Foss for services rendered. A judgment for plaintiff is reviewed by defendant on writ of error. The facts m this case and those involved in Ruttle v. Mining Co., post, 150 (125 N. W. 787), are a history of relations existing between plaintiff and defendant. Like that case, this one is a suit to recover the value of the services of the plaintiff. The declaration con.tains a special count, and joined therewith are the common counts in assumpsit. The particulars of plaintiff’s demand are: “ 1902 — June 15, to…

1Opinion of the CourtOstrander, J.

(after stating the facts). There are 33 assignments of error, some 25 or 26 of which are mentioned and to some extent relied upon in the brief for appellant. The first five relate to the effect upon the general verdict of the answers to the special questions. We have taken the pains to set out testimony given by plaintiff and by defendant with respect to the bargain or arrangement existing between them. The answers to the special questions in the light of this testimony have not all the significance which is claimed for them. The answer to the fifth question is precisely in keeping with the…

2Cases cited4 opinions

  1. Schurr v. SavignyMichigan Supreme Court · 1891
  2. Van Fleet v. Van FleetMichigan Supreme Court · 1883
  3. Shaw v. ArmstrongMichigan Supreme Court · 1891
  4. Swarthout v. LucasMichigan Supreme Court · 1894

3Cited by5 opinions

  1. In re Moon's EstateMichigan Supreme Court · 1922
  2. Geistert v. SchefflerMichigan Supreme Court · 1946
  3. Millar v. MacEy Co.Michigan Supreme Court · 1933
  4. Nave v. TaugherCalifornia Court of Appeal · 1920
  5. Smith v. Chase & Baker Piano Manufacturing Co.Michigan Supreme Court · 1913

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