Legal Opinion

Symons v. Greenwood, Atkinson, Armstrong Co.

Michigan Supreme Court

Decided June 5, 1922No. Docket No. 40PublishedCited by 1 opinion

Error to Wayne; Dingeman (Harry J.), J. Assumpsit by Samuel Symons against the Greenwood, Atkinson, Armstrong Company for goods sold’, and delivered. Judgment for plaintiff on a directed: verdict. Defendant brings error.

1Opinion of the CourtMoore, J.

Each of the parties to this litigation asked for a directed verdict. The trial judge charged the jury as follows:

“Gentlemen of the jury: By wire and letter the defendant ordered of the plaintiff 110 42-inch length United States regulation overcoats for delivery in Detroit not later than Tuesday, November 26, 1918. This order was accepted by plaintiff. The coats were for use in a Thanksgiving day parade. The plaintiff did not deliver the overcoats in Detroit until subsequent to Thanksgiving day, delivery being made in two lots, one of two trunks and one of three trunks.
“On November 29th that…

2Cases cited3 opinions

  1. Farrington v. SmithMichigan Supreme Court · 1889
  2. Alderton v. BuchozMichigan Supreme Court · 1854
  3. Rubin v. Crowley, Milner & Co.Michigan Supreme Court · 1921

3Cited by1 opinion

  1. Israel v. MILLEROregon Supreme Court · 1958

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