Legal Opinion
Kruce v. Lakeside Biscuit Co.
Michigan Supreme Court
Decided December 27, 1917No. Docket No. 7PublishedCited by 13 opinions
Error to Wayne; Des Voignes, J., presiding. Assumpsit in justice’s court by Edwin J. Kruce against the Lakeside Biscuit Company for goods sold and delivered. From an order overruling a plea in abatement,, defendant appealed to the circuit court by writ of certiorari. Judgment for plaintiff. Defendant brings error.
1Opinion of the Court
Brooke, JV
(after stating' the facts). It may be stated at the outset that the authorities upon the question presented are not entirely harmonious. A review of all of the law upon the question leads the writer in volume 1, Corpus Juris, p. 1112, § 287, to enunciate the rule as follows:
“The decided weight of authority is to the effect that, if an action is not brought until more than one breach of the same contract, or until more than one claim or installment is due thereunder, all such breaches or claims or installments constitute but one cause of action, and must be included in.one action,…
2Cases cited6 opinions
- Dutton v. ShawMichigan Supreme Court · 1877
- Milroy v. Spurr Mountain Iron Mining Co.Michigan Supreme Court · 1880
- Stickel v. SteelMichigan Supreme Court · 1879
- Jensen v. GambleMichigan Supreme Court · 1916
- Reid, Murdoch & Co. v. FerrisMichigan Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bolte v. Aits, Inc.Hawaii Supreme Court · 1978
- A. Krolik & Co. v. OssowskiMichigan Supreme Court · 1920
- Ginsburg v. McBrideMichigan Supreme Court · 1929
- Barron G. Collier, Inc. v. RawsonSupreme Court of Iowa · 1927
- Brewster Loud Lumber Co. v. General Builders' Supply Co.Michigan Supreme Court · 1924
8 more not listed; retrieve them via the Exa API.