Green v. Bennett
Michigan Supreme Court
Error to Branch Circuit. This was an action of trover, brought by Eli G. Bennett against James H. Green, to recover tbe value of certain wood and timber.
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Error to Branch Circuit. This was an action of trover, brought by Eli G. Bennett against James H. Green, to recover tbe value of certain wood and timber. The cause was tried before the court without a jury, and the court, on the written request of the defendant, found the following facts, viz: The plaintiff and the defendant and one Charles B. Case, then all of Bronson, in the county of Branch, Michigan, on the 16th day of November, 1866, made, executed and entered into the following contract, in writing, for the sale, by the defendant and said Case to the plaintiff, of certain wood and…
1Opinion of the CourtChristiancv, J.
There being no bill of exceptions in this case, nor any exceptions taken to the special finding of facts and law by the judge, the only question open for adjudication upon, this writ of error is whether the finding supports the judgment ; and this depends upon the special contract and what was done under it, as set forth in the finding.
It is insisted on the part of the defendant in error (plaintiff below), that, by the contract, the sale of the timber was absolute, and that the provisions for taking it off the laud, within the periods fixed, were in the nature of a covenant, and not of a…
2Cited by7 opinions
- Hodges v. BuellMichigan Supreme Court · 1903
- Williams v. FloodMichigan Supreme Court · 1886
- Smith v. RamseySupreme Court of Virginia · 1914
- Mier v. Southern California Ice Co.California Court of Appeal · 1922
- Gamble v. GatesMichigan Supreme Court · 1892
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