Vyne v. Glenn
Michigan Supreme Court
Error to Leelanaw. Assumpsit by Glenn against Yyne for tbe price of a quantity of lumber. Defendant pleaded tbe general issue with notice of set-off and recoupment, and as tbe case involved accounts it was referred.
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Error to Leelanaw. Assumpsit by Glenn against Yyne for tbe price of a quantity of lumber. Defendant pleaded tbe general issue with notice of set-off and recoupment, and as tbe case involved accounts it was referred. The referees found: 1, that tbe parties bad made a written contract Dee-31, 1874, under wbieb plaintiff was to deliver to defendant over tbe rail of bis vessel, at Leland, 600 M. feet of ash lumber before Oct. 1, 1875, for which defendant was to pay $16 per M. for plank, and $18 per M. for dimension stuff, to be sawed on bills to be furnished by defendant; 2, that plaintiff was…
1Opinion of the CourtMarston, J.
The errors assigned and argued in this «ase were:
First, that the conclusion of law of the referees in setting aside the settlement had between the parties is mot supported by the finding of facts. In the finding of facts the referees do not say that there was a settlement in fact. They say there was a pretended settlement, and that receipts in full then passed between the parties. They then find facts which in law would be clearly sufficient to justify a court in setting aside whatever was done. Even if all this was struck out it would leave the case, upon the findings, not with a settlement,…
2Cited by27 opinions
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- Ward v. ScarboroughTexas Commission of Appeals · 1922
- Adams v. SchifferSupreme Court of Colorado · 1887
- Cadwell v. HigginbothamNew Mexico Supreme Court · 1915
- Harris v. CarySupreme Court of Virginia · 1911
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