Legal Opinion

Turner v. City of Grand Rapids

Michigan Supreme Court

Decided May 10, 1870PublishedCited by 4 opinions

Case made from the Recorder’s Court of Grand Rapids. This was an action of assumpsit brought in the Recorder’s Court for the city of Grand Rapids, by Samuel M. Turner, against the city of Grand Rapids.

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Case made from the Recorder’s Court of Grand Rapids. This was an action of assumpsit brought in the Recorder’s Court for the city of Grand Rapids, by Samuel M. Turner, against the city of Grand Rapids. The plaintiff declared specially: “ For that whereas heretofore to wit, on the 16th day of January, A. D. 1869, at the city of Grand Rapids aforesaid, in consideration that said plaintiff at the special instance and request of the said defendants had before that time constructed a certain culvert under a certain highway called, and.known as Fifth street, in the city of Grand Rapids aforesaid,…

1Opinion of the CourtChristiancy, J.

This was an action of assumpsit upon a quantum meruit for constructing a certain stone culvert at the request of the defendant. The plaintiff had previously taken a written contract to build it of brick. But the defendant, by resolution of the Council, subsequently directed it to be constructed of stone; and the plaintiff’s claim was really for extra work and expenses, beyond what it would have cost if built of brick under the contract.

The case was tried in the Recorder’s Court, before the Recorder, without a jury, and the plaintiff obtained judgment for $226.90. It is brought here upon a…

2Cases cited5 opinions

  1. Chandler v. AllisonMichigan Supreme Court · 1862
  2. Marquand v. WebbNew York Supreme Court · 1819
  3. Drennan v. PeopleMichigan Supreme Court · 1862
  4. Crane v. HardyMichigan Supreme Court · 1848
  5. McBride v. CicotteMichigan Supreme Court · 1857

3Cited by4 opinions

  1. Wilson v. WagarMichigan Supreme Court · 1873
  2. Comstock v. SmithMichigan Supreme Court · 1873
  3. Lichtenberg v. MairMichigan Supreme Court · 1880
  4. Estate of Elliott v. WilsonMissouri Court of Appeals · 1887

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