Barnard v. McLeod
Michigan Supreme Court
Error to Wayne; Lillibridge, J. Assumpsit by Mary E. Barnard, assignee of John Patterson, against Duncan McLeod, upon a building contract. Prom a judgment for plaintiff, defendant brings error. The constitutional question referred to in the opinion is indicated by the following quotation from plaintiff’s brief: “The construction contended for by defendant cannot be sustained, for the reason that the provision so construed would not be within the title of the act in question.
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Error to Wayne; Lillibridge, J. Assumpsit by Mary E. Barnard, assignee of John Patterson, against Duncan McLeod, upon a building contract. Prom a judgment for plaintiff, defendant brings error. The constitutional question referred to in the opinion is indicated by the following quotation from plaintiff’s brief: “The construction contended for by defendant cannot be sustained, for the reason that the provision so construed would not be within the title of the act in question. It would be unconstitutional to attempt to make an affidavit a prerequisite to all actions in a statute entitled ‘An…
1Opinion of the CourtHooker, J.
By a contract in writing, it was agreed that John Patterson, plaintiff’s assignor, should furnish materials and erect for the defendant five houses, described, upon lots to be designated by the defendant, the same to be completed by October 1, 1895, the price of each being fixed. On September 17, 1895, this contract was modified by reducing the number of houses to three, to be built that fall. This action is brought to recover for the work and material furnished, it being claimed on behalf of the plaintiff that the defendant wrongfully prevented the full performance of the contract.
We think…
2Cases cited1 opinion
- Martin v. WarrenMichigan Supreme Court · 1896
3Cited by16 opinions
- City of Lansing v. Township of LansingMichigan Supreme Court · 1959
- Mackin v. Detroit-Timkin Axle Co.Michigan Supreme Court · 1915
- Golden & Boter Transfer Co. v. Brown & Sehler Co.Michigan Supreme Court · 1920
- C. H. Little Co. v. L. P. Hazen Co.Michigan Supreme Court · 1915
- Walker v. SymsMichigan Supreme Court · 1898
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