Kellogg v. Frohlich
Michigan Supreme Court
Error to Wayne; Frazer, J. Assumpsit by Spencer Kellogg against Edward Frohlich for breach of a contract to purchase certain oil. There was judgment for plaintiff, and defendant brings error. Plaintiff, a resident of Buffalo, N. Y., made a contract with the defendant, residing in Detroit, and doing business under the name of Edward Frohlich Glass Company. The contract, dated July 17, 1902, was in two parts, one signed by the plaintiff, and the other by the defendant.
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Error to Wayne; Frazer, J. Assumpsit by Spencer Kellogg against Edward Frohlich for breach of a contract to purchase certain oil. There was judgment for plaintiff, and defendant brings error. Plaintiff, a resident of Buffalo, N. Y., made a contract with the defendant, residing in Detroit, and doing business under the name of Edward Frohlich Glass Company. The contract, dated July 17, 1902, was in two parts, one signed by the plaintiff, and the other by the defendant. The part signed by the plaintiff reads as follows: “ I have this day sold and agreed to deliver to Edward Frohlich Glass…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. Plaintiffwas a manufacturer of oils of various- kinds or types. As it *616was manufactured it was stored in large tanks, from which it was drawn to ship to plaintiff’s customers as orders were received or contracts made. Manifestly, the oil which was covered by this contract was not in existence at the time the contract was made. It was not, therefore, contemplated that the oil covered by the contract was a part of a distinct mass then in existence and stored in plaintiff’s tanks. The contract called for four different kinds, but not for a specific amount of each…
2Cases cited3 opinions
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