Mishler v. International Harvester Co. of America
Michigan Supreme Court
Error to Kent; Perkins, J. Assumpsit by John Mishler against the International Harvester Company of America for damages for alleged false and fraudulent representations in the sale of an engine. Judgment for defendant. Plaintiff brings error.
1Opinion of the CourtMoore, J.
This suit was commenced by declaration in June, 1914, for damages growing out of the sale of a gasoline engine. The plaintiff is engaged in the business of threshing grain, husking corn, and running a saw. He first saw the engine which is the subject of controversy at the Western Michigan State Fair. He finally bought the engine, trading an old steam engine he had as part payment. After the engine was delivered to him in the fall of 1912, some trouble developed; but he continued to use it at intervals until the latter part of March, 1914.
Upon the trial he was allowed to testify orally to the…
2Cases cited8 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- McCray Refrigerator & Cold Storage Co. v. Woods & ZentMichigan Supreme Court · 1894
- J. B. Millet Co. v. AndrewsMichigan Supreme Court · 1913
- Phelps v. WhitakerMichigan Supreme Court · 1877
- Peck v. JenisonMichigan Supreme Court · 1894
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3Cited by3 opinions
- J. B. Colt Co. v. ReadeMichigan Supreme Court · 1922
- J. B. Colt Co. v. CousinoMichigan Supreme Court · 1924
- Morehead Mfg. Co. v. Howard's D. G. S., Inc.Louisiana Court of Appeal · 1937