Cuddy v. Major
Michigan Supreme Court
Error to St. Joseph Circuit. The action was brought for a refusal to deliver thirty-three hogs, bought by defendants in error of plaintiffs in error, and to be delivered at Three Rivers. Ten dollars of the price was paid down, and the balance was' to be paid on delivery. The evidence showed that the price that was to be paid for the hogs was $8 per hundred, live weight, and that this was the market value at the time of the refusal to deliver.
Read the full summary
Error to St. Joseph Circuit. The action was brought for a refusal to deliver thirty-three hogs, bought by defendants in error of plaintiffs in error, and to be delivered at Three Rivers. Ten dollars of the price was paid down, and the balance was' to be paid on delivery. The evidence showed that the price that was to be paid for the hogs was $8 per hundred, live weight, and that this was the market value at the time of the refusal to deliver. The plaintiffs below were then allowed, notwithstanding the objection of defendants, to give evidence tending to show that after the purchase and before…
1Opinion of the Court
Manning J.:
This case comes within the decision of this Court in Clark v. Moore, 3 Mich. 55, where the Court say, in regard to the recovery of special damages for the breach of a contract of sale for the delivery of goods, that “to create such extraordinary liability, there must, in every case, be something in the terms of the contract, read in the light of surrounding circumstances, which shows an intention on the part of the vendor to assume an enlarged engagement, a wider responsibility than is assumed by the vendor in ordinary contracts for the sale and delivery of merchandise.’’ The…
2Cases cited1 opinion
- Clark v. MooreMichigan Supreme Court · 1853
3Cited by13 opinions
- State Tax-Law CasesMichigan Supreme Court · 1884
- Frederick v. HillebrandMichigan Supreme Court · 1917
- Lyle v. Cass Circuit JudgeMichigan Supreme Court · 1909
- Territory of New Mexico v. EmilioNew Mexico Supreme Court · 1907
- Fisher v. General Telephone Co. of the Northwest, Inc.District Court, E.D. Michigan · 1980
8 more not listed; retrieve them via the Exa API.