Forest City Steel & Iron Co. v. Detroit & Toledo Shore Line Railroad
Michigan Supreme Court
Error to Wayne; Rohnert, J. Assumpsit by the Forest City Steel & Iron Company, against the Detroit & Toledo Shore Line Railroad Company for breach of a contract for the sale of certain building material. There was judgment for plaintiff, and defendant brings error.
1Opinion of the CourtHooker, J.
The plaintiff brought this action, claiming damages for breach of a written contract to deliver certain iron building material to be paid for on delivery. It proved the contract and the offer to deliver the goods upon payment, the refusal to pay, and the ultimate'reshipment of the goods to Cleveland, and a subsequent offer to sell them. By way of defense the defendant showed that at the time of such tender of delivery the defendant’s property was in the hands of a receiver in a creditors’ suit pending in the Federal court at Detroit; that the plaintiff filed a claim in said court upon an…
2Cases cited6 opinions
- Dunbar v. DunbarSupreme Court of the United States · 1903
- In re SternCourt of Appeals for the Second Circuit · 1902
- In re Pettingill & Co.District Court, D. Massachusetts · 1905
- In re HirschmanDistrict Court, D. Utah · 1900
- Reid, Murdoch & Co. v. ParksMichigan Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Miller v. RobertsonSupreme Court of the United States · 1924
- DePolo v. GreigMichigan Supreme Court · 1954