Legal Opinion

Stuart v. Home Telephone Co.

Michigan Supreme Court

Decided April 1, 1910No. Docket No. 115PublishedCited by 3 opinions

Error to Wayne; Hosmer, J. Assumpsit by Johnson Stuart and Walter Stuart, co-partners as the Co-operative Foundry Company, against the Home Telephone Company of Detroit for breach of a contract for the sale of certain castings. A judgment for plaintiffs is reviewed by defendant on writ of error.

1Opinion of the CourtMcAlvay, J.

Plaintiffs are copartners engaged in business as foundry men under the name of “Co-operative Foundry Company. ” Defendant is a Michigan corporation, and in the year 1907 was engaged in constructing a telephone plant, and laying its wires in the city of Detroit. This controversy relates to certain castings which plaintiffs claim were manufactured by them under a contract with defendant, a large number of which defendant refused to receive and pay for. During the season of 1906, these parties had dealings for the same kind of castings made at the same plant. The claimed contract upon which…

2Cases cited4 opinions

  1. Cooper v. Lansing Wheel Co.Michigan Supreme Court · 1892
  2. Bollenbacher v. ReidMichigan Supreme Court · 1908
  3. F. B. Holmes & Co. v. City of DetroitMichigan Supreme Court · 1909
  4. Hubbell v. PalmerMichigan Supreme Court · 1889

3Cited by3 opinions

  1. International Filter Co. v. Conroe Gin, Ice & Light Co.Texas Commission of Appeals · 1925
  2. Menominee Lumber & Cedar Co. v. ThomsonMichigan Supreme Court · 1944
  3. Athol Manfg. Co. v. Briscoe Motor Corp.Michigan Supreme Court · 1923

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