D. M. Osborne & Co. v. Wigent
Michigan Supreme Court
Error to Hillsdale; Chester, J. Assumpsit by D. M. Osborne & Company against Fred M. "Wigent upon a promissory note. From a judgment for defendant, plaintiff brings error.
1Opinion of the CourtMontgomery, C. J.
This action was brought to recover upon a note of $55,-—one of two notes given in payment for a corn harvester purchased of plaintiff by the defendant. The defendant, under the plea of the general issue, gave notice that he would rely upon a breach of warranty as a defense.
The defendant testified that he saw the machine at work at a Mr. Hewitt’s; that later on he gave an order for the machine; that the agent wished to have it left with him until Saturday, and stated that the notes for the machine could be given on Saturday, when defendant came for it; that defendant told the agent that he…
2Cases cited1 opinion
- Zimmerman Manufacturing Co. v. DolphMichigan Supreme Court · 1895
3Cited by4 opinions
- Salzman v. MaldaverMichigan Supreme Court · 1946
- Detroit Edison Company v. ZonerMichigan Court of Appeals · 1968
- John D. Gruber Co. v. SmithMichigan Supreme Court · 1917
- Detroit Edison Company v. ZonerMichigan Court of Appeals · 1968