Miller v. Morse
Michigan Supreme Court
Appeal in chancery from Kent Circuit. This bill was filed by Henry Miller and Sarah N. Parks, against Joshua Morse, Thaddeus 0. Brooks and J esse F. Wyckoff. The defendants demurred to the bill, and the demurrer wag sustained, and a decree dismissing the bill granted, from which the complainants appealed to this .court. The nature of the case is sufficiently set forth in ■the opinion.
1Opinion of the CourtCooley, J.
This bill, if we rightly apprehend its purport, is a bill to obtain a new trial in a suit at law.
The complainants set out a contract between themselves and the defendants, Morse & Brooks, for the delivery by the latter to the former of a quantity of stone; aver a delay on the part of Morse & Brooks to perform on their part, and that on April 10, 1868, they requested complainants to consent to an abandonment of the contract, which consent was given, and the same was canceled and abandoned and all parties released from the obligations thereof absolutely and forever, though the paper writings…
2Cases cited2 opinions
- Simpson v. HartNew York Court of Chancery · 1814
- Carrington v. HolabirdSupreme Court of Connecticut · 1846
3Cited by21 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Gray v. BartonMichigan Supreme Court · 1886
- Detroit Tug & Wrecking Co. v. GartnerMichigan Supreme Court · 1889
- Klopenstine v. HaysUtah Supreme Court · 1899
- Wabash Railroad v. MirrieleesSupreme Court of Missouri · 1904
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