Germain v. Loud
Michigan Supreme Court
Error to Saginaw; Gage, J. Assumpsit by Louise A. Germain, as executrix of the estate of Edward Germain, deceased, and another, against Henry N. Lond and others, copartners, doing business as Henry N. Loud & Sons, for money had and received, etc. Judgment for defendants on a directed verdict. Plaintiffs bring error.
1Opinion of the CourtOstrander, J.
There was a contract between defendants, as vendors, and plaintiffs’ decedent, as vendee, for the purchase and sale of certain lumber. The vendee made an advancement upon the purchase price. The lumber burned. The vendee sued to recover his advancement. The vendors claimed that the title to the lumber had passed to the vendee, and asked for a judgment for the balance of the purchase price. Upon the trial of the cause, both parties having rested, counsel for plaintiffs and counsel for defendants each, moved for a peremptory instruction. The court thereupon said:
“I understand the position of…
2Cases cited6 opinions
- Lingham v. EgglestonMichigan Supreme Court · 1873
- Whitcomb v. WhitneyMichigan Supreme Court · 1872
- Culligan v. AlpernMichigan Supreme Court · 1910
- Byles v. ColierMichigan Supreme Court · 1884
- H. M. Tyler Lumber Co. v. CharltonMichigan Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Arnold v. KrugMichigan Supreme Court · 1937
- Dow Chemical Co. v. Detroit Chemical WorksMichigan Supreme Court · 1919
- Kane v. Detroit Life InsuranceMichigan Supreme Court · 1918
- City National Bank v. Price's EstateMichigan Supreme Court · 1923
- Kyselka v. Northern Assurance Co.Michigan Supreme Court · 1916
12 more not listed; retrieve them via the Exa API.