Muncie Wheel & Jobbing Co. v. Finch
Michigan Supreme Court
Error to Wayne; Murphy, J. Assumpsit by the Muncie Wheel & Jobbing Company against Edward B. Finch and William A. Pungs for goods sold and delivered. There was judgment for plaintiff, and defendants bring error.
1Opinion of the CourtCarpenter, J.
Defendants, doing business as co-partners, contracted with the plaintiff to purchase 15 automobile gears. The controversy in this case relates to seven of those gears. These gears were received by defendants as early as June 27, 1904, and were by them returned to plaintiff . August 23, 1904, on the ground that the teeth did not mesh. Plaintiff seeks in this suit to recover the contract price of said gears. Defendants resist this claim and ask damages for the breach of the contract. The case was submitted to a jury who rendered a verdict for plaintiff for the full amount of its claim.
1. The…
2Cases cited4 opinions
- N. & M. Friedman Co. v. Atlas Assurance Co.Michigan Supreme Court · 1903
- Burgess v. StriblingMichigan Supreme Court · 1903
- Brown v. HarrisMichigan Supreme Court · 1905
- Smith v. PickandsMichigan Supreme Court · 1907
3Cited by3 opinions
- People v. PrevostMichigan Supreme Court · 1922
- O'Connor v. City of DetroitMichigan Supreme Court · 1910
- Zylstra v. GrahamMichigan Supreme Court · 1928