McCaskey Register Co. v. Truettner
Michigan Supreme Court
Error to Gogebic; Cooper, J. Assumpsit by the McCaskey Register Company against Louis H. Truettner for goods sold and delivered. There was judgment' for defendant, and plaintiff brings error. This is an action of assumpsit, tried before the court without a jury. Plaintiff’s declaration and claim are based upon the following telegram and letter: “Bessemer, Mich. Aug. 30. “McCaskey Register Co., “Alliance, Ohio: “Accept offer of your agent for short account system.
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Error to Gogebic; Cooper, J. Assumpsit by the McCaskey Register Company against Louis H. Truettner for goods sold and delivered. There was judgment' for defendant, and plaintiff brings error. This is an action of assumpsit, tried before the court without a jury. Plaintiff’s declaration and claim are based upon the following telegram and letter: “Bessemer, Mich. Aug. 30. “McCaskey Register Co., “Alliance, Ohio: “Accept offer of your agent for short account system. Letter follows. “L. H. Truettner.” “Bessemer, Mich. 9-2-’05. “McCaskey Register Co., “Alliance, Ohio: “ Gentlemen: This letter…
1Opinion of the CourtGrant, J.
(after stating the facts). Both parties agree that no contract was made on August 24th. There is also no evidence tending to show that the statement máde by the plaintiff’s agent was intended by either the agent or the defendant as a standing offer for the defendant to accept at some time in the future suited to his convenience. The defendant testified that he expressly refused to buy of the agent, and told him if he concluded to take one he could buy it later. The agent testified that defendant said if he concluded to buy he would send his order to the factory. Under the defendant’s own…
2Cases cited4 opinions
- Hall v. SouleMichigan Supreme Court · 1863
- Palmer v. Marquette & Pacific Rolling Mill Co.Michigan Supreme Court · 1875
- Webster v. BrownMichigan Supreme Court · 1887
- Baumann v. Manistee Salt & Lumber Co.Michigan Supreme Court · 1892
3Cited by2 opinions
- Carroll v. Palmer Manufacturing Co.Michigan Supreme Court · 1914
- Leonard v. RothMichigan Supreme Court · 1911