Legal Opinion

Berringer v. Cobb

Michigan Supreme Court

Decided November 19, 1885PublishedCited by 2 opinions

Error to Marquette. (Grant, J.) Assumpsit. Defendants bring error. When one of two inconsistent remedies has been elected the right to pursue the other is lost: Thompson v. Howard 31 Mich. 309 ; Yanneter v. Crossman 42 Mich. 465; Detroit v. Mich. Paving Co. 38 Mich. 361; Field v. Burton 49 Mich. 53; Wilmot v. Richardson 2 Keyes 519 ; Goss v. Mather 2 Lans. 283; Ward v. Day 4 B. & S. 337 ; Smithv.

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Error to Marquette. (Grant, J.) Assumpsit. Defendants bring error. When one of two inconsistent remedies has been elected the right to pursue the other is lost: Thompson v. Howard 31 Mich. 309 ; Yanneter v. Crossman 42 Mich. 465; Detroit v. Mich. Paving Co. 38 Mich. 361; Field v. Burton 49 Mich. 53; Wilmot v. Richardson 2 Keyes 519 ; Goss v. Mather 2 Lans. 283; Ward v. Day 4 B. & S. 337 ; Smithv. Hodson 4 Terra. 211; Broom’s Max. 160 ; Jewett v. Retit 4 Mich. 508; Rodemund v. Clark 46 N. Y. 354; Smith v. Baker L. R. 8. C. P. 350; one cannot deny facts admitted by his pleadings: State Stock,…

1Opinion of the CourtMorse, C. J.

Plaintiff filed a declaration against the defendants in assumpsit, averring specially that on the 19th day of May, 1881, he was employed by defendants as mining superintendent of the Rolling Mill mine owned by them, to take charge of said mine and works for one year from and after and including said 19th day of May, at a salary of $2500 for said year, payable monthly; and that said defendants promised to retain him in such employment for the term and price aforesaid; that in pursuance of such contract of hiring he entejed such employment, and continued therein until November 1st, 1881, when…

2Cases cited3 opinions

  1. Barton v. GrayMichigan Supreme Court · 1882
  2. Wetmore v. McDougallMichigan Supreme Court · 1875
  3. Hall v. WoodinMichigan Supreme Court · 1876

3Cited by2 opinions

  1. Carbary v. Detroit United RailwayMichigan Supreme Court · 1909
  2. Bush v. BrooksMichigan Supreme Court · 1888

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