Buick Motor Co. v. Reid Manufacturing Co.
Michigan Supreme Court
Error to Wayne; Murphy, J. Assumpsit by the Buick Motor Company against the Reid Manufacturing Company for goods sold and delivered. There was judgment for plaintiff, and defendant brings error. In 1903 plaintiff was engaged in the manufacture of automobiles, stationary and marine engines, with one factory at Flint and another at Jackson. The defendant company was engaged in the business of assembling automobiles.
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Error to Wayne; Murphy, J. Assumpsit by the Buick Motor Company against the Reid Manufacturing Company for goods sold and delivered. There was judgment for plaintiff, and defendant brings error. In 1903 plaintiff was engaged in the manufacture of automobiles, stationary and marine engines, with one factory at Flint and another at Jackson. The defendant company was engaged in the business of assembling automobiles. Mr. Buick, the manager of plaintiff, had an interview with Mr. Hunt, the manager of the defendant, in which he explained to him a new automobile engihe and gear which he was…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Counsel for ■defendant insists that the order of December 14th and the oral representations and conversations had prior to and •at the time it was given, constitute an express warranty; that the court should so have instructed the jury, or left it a question for the jury whether there were express warranties. The court did instruct the jury that the plaintiff expressly warranted to give the defendant an engine of 12-horse power. There was no claim that the engine did not develop 12-horse power, and the court so instructed the jury, to which instruction no…
2Cases cited4 opinions
- Industrial Works v. MitchellMichigan Supreme Court · 1897
- Williams v. RobbMichigan Supreme Court · 1895
- Talbot Paving Co. v. GormanMichigan Supreme Court · 1894
- Day Leather Co. v. Michigan Leather Co.Michigan Supreme Court · 1905
3Cited by8 opinions
- Robberson Steel Co. v. HarrellCourt of Appeals for the Tenth Circuit · 1949
- Columbus & Hocking Coal & Iron Co. v. SeeMichigan Supreme Court · 1912
- Gill & Co. v. National Gaslight Co.Michigan Supreme Court · 1912
- Patrick v. Norfolk Lumber Co.Nebraska Supreme Court · 1908
- Pennsylvania Rubber Co. v. Detroit Shipbuilding Co.Michigan Supreme Court · 1915
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