Legal Opinion

Davis v. Freeman

Michigan Supreme Court

Decided May 18, 1862PublishedCited by 21 opinions

Error to Shiawassee Circuit. The action below was brought by Freeman, who in the first count of the declaration set out a contract made November 15, 1859, by which defendants (below) were to draw within the winter next following, all the pine timber on a certain lot of land, at one dollar and fifty cents per thousand feet, to be paid for as follows: “ Whatever supplies are necessary to carry on said job, up to one dollar per thousand feet, as fast as said logs are barked,…

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Error to Shiawassee Circuit. The action below was brought by Freeman, who in the first count of the declaration set out a contract made November 15, 1859, by which defendants (below) were to draw within the winter next following, all the pine timber on a certain lot of land, at one dollar and fifty cents per thousand feet, to be paid for as follows: “ Whatever supplies are necessary to carry on said job, up to one dollar per thousand feet, as fast as said logs are barked, inspected and scaled; it being understood that the second party [Freeman] is to furnish enough supplies to make the…

1Opinion of the Court

Manning J.:

The plaintiffs in error were to have one dollar fifty cents per thousand feet for drawing the timber, one dollar-of which was to be paid as the timber was drawn, in supplies to enable them to carry on the job, and the remaining fifty cents in cash, when all the timber was drawn. In the language of the contract, “ it being understood that the balance kept back is to secure the completion of this contract; and it is hereby agreed between the parties that the fifty cents per thousand feet is settled, fixed and liquidated damages, in case this contract is not completed by the said…

2Cited by21 opinions

  1. Clarke v. Ohio River R.West Virginia Supreme Court · 1894
  2. Wright v. DickinsonMichigan Supreme Court · 1887
  3. Yetter v. HudsonTexas Supreme Court · 1882
  4. Condon v. KemperSupreme Court of Kansas · 1891
  5. Rothenberg v. FollmanMichigan Court of Appeals · 1969

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