Sauer v. McClintic-Marshall Construction Co.
Michigan Supreme Court
Error to Washtenaw; Kinne, J. Assumpsit by Charles A. Sauer and another against the McClintic-Marshall Construction Company for breach of a special agreement. Judgment for plaintiffs. Defendant brings error.
1Opinion of the CourtBrooke, C. J.
Upon a former trial of this case a judgment in favor of plaintiffs in the sum of $1,026.34, which included interest, was reversed, for two reasons:
First. Because the declaration was wanting in specific allegations that plaintiffs furnished to defendant “complete information for detail drawings” under the following clause of the contract:
*579“All material is to be delivered f. o. b. cars in Ann Arbor, within eight to ten weeks after receipt of complete information for detail drawings.”
Second. Because the verdict was held to be against the weight of the evidence, and contrary to law upon the…
2Cases cited3 opinions
- Sauer v. McClintic-Marshall Construction Co.Michigan Supreme Court · 1914
- Hanselman v. CarstensMichigan Supreme Court · 1886
- Galinski v. ThomasMichigan Supreme Court · 1914
3Cited by1 opinion
- In Re Kellett Aircraft Corp.Court of Appeals for the Third Circuit · 1950