Legal Opinion
McNamara v. E. W. Ross Co.
Michigan Supreme Court
Decided December 19, 1923No. Docket No. 12PublishedCited by 5 opinions
1Opinion of the CourtBird, J.
The declaration in this case counts on a breach of warranty on the sale of a metal silo. Plaintiff, the purchaser, had judgment in the sum of $250, and defendant assigns error. The contract was made in March, 1917, and was in the following form:
“Ross Silo contract and order:
“The E. W. Ross Co., Springfield, Ohio.
“I hereby give you my order to be shipped on or about March or April.
“Shipping Station, Alma, Michigan.
“1 Ross silo 12x80. Staves are to be .... pieces.
“Kind of material, metal. Anchor rods with cable.
“Hyde to furnish man one day free, balance at actual cost.
“I agree to pay for above…
2Cases cited2 opinions
- Second National Bank v. WheelerMichigan Supreme Court · 1889
- Avery v. BurrallMichigan Supreme Court · 1898
3Cited by5 opinions
- Moosbrugger v. McGraw-Edison CompanySupreme Court of Minnesota · 1969
- Dowood Co. v. Michigan Tool Co.Michigan Court of Appeals · 1968
- Alberto v. Toyota Motor Corp.Michigan Court of Appeals · 2010
- Stone v. Goodyear Tire & Rubber Co.Michigan Court of Appeals · 1974
- Zylstra v. GrahamMichigan Supreme Court · 1928