Scotten v. Sutter
Michigan Supreme Court
Error to Superior Court of Detroit. Assumpsit on common and special counts, by Sutter ■ Brothers, cigar manufacturers, who claimed that Scotten, Lovett & Co. had bargained with them for 10,000 “Banger” cigars at $25 per thousand, and 5000 “Hiawathas” at $50 per thousand, part of which they afterwards refused to accept and pay for.
Read the full summary
Error to Superior Court of Detroit. Assumpsit on common and special counts, by Sutter ■ Brothers, cigar manufacturers, who claimed that Scotten, Lovett & Co. had bargained with them for 10,000 “Banger” cigars at $25 per thousand, and 5000 “Hiawathas” at $50 per thousand, part of which they afterwards refused to accept and pay for. Plantiffs gave evidence tending to show that the order for the cigars was given Sept. 3, 1874; that they had made the same brands before for the defendants and knew just what they wanted, and no fault had ever been found with the goods; that within about 30 days…
1Opinion of the CourtCooley, C. J.
I. The Superior Court having held that the contract sued upon was within the statute of frauds, but having also submitted the case to the jury under instructions which permitted them to find that the cigars had been *530accepted, and the jury having found for the plaintiffs accordingly, it is now urged on behalf of the plaintiffs, that whatever errors the court may have committed in its instructions are immaterial, because in fact the contract was nob within the statute of frauds, and this court must so find from the record. In pressing this view upon our attention, counsel overlook the fact that…
2Cases cited5 opinions
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Lingham v. EgglestonMichigan Supreme Court · 1873
- Whitcomb v. WhitneyMichigan Supreme Court · 1872
- Wilkinson v. HolidayMichigan Supreme Court · 1876
- Hatch v. FowlerMichigan Supreme Court · 1873
3Cited by9 opinions
- McCourt v. Singers-BiggerCourt of Appeals for the Eighth Circuit · 1906
- Wheeler v. Abilene Nat. Bank Bldg. Co.Court of Appeals for the Eighth Circuit · 1908
- Roosevelt v. Missouri State Life Ins. Co.Court of Appeals for the Eighth Circuit · 1934
- Byles v. ColierMichigan Supreme Court · 1884
- H. M. Tyler Lumber Co. v. CharltonMichigan Supreme Court · 1901
4 more not listed; retrieve them via the Exa API.