Constantine v. Kalamazoo Beet Sugar Co.
Michigan Supreme Court
Error to Kalamazoo; Adams, J. Assumpsit by Sidney M. Constantine against the Kalamazoo Beet Sugar Company upon a contract of indemnity. From a judgment for plaintiff, defendant brings error. The defendant owns and operates a beet sugar factory. May 1, 1899, two parties (Keys and Constantine) made a contract with the defendant by which they agreed to grow 40 acres of sugar beets, and sell the proceeds thereof at given prices to the defendant.
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Error to Kalamazoo; Adams, J. Assumpsit by Sidney M. Constantine against the Kalamazoo Beet Sugar Company upon a contract of indemnity. From a judgment for plaintiff, defendant brings error. The defendant owns and operates a beet sugar factory. May 1, 1899, two parties (Keys and Constantine) made a contract with the defendant by which they agreed to grow 40 acres of sugar beets, and sell the proceeds thereof at given prices to the defendant. The part of the. contract material to this case reads as follows: . “ When this contract shall be signed, and a copy thereof be delivered to each party,…
1DissentGrant, J.
(after stating the factsj dissenting). 1. It is due to the defendant to say that the version relied upon by the plaintiff is contradicted by Mr. Henry, its agent. But the question must be determined by the case made by plaintiff’s testimony as above given. Under his -version of it, two contracts were made, — one with Keys ■and Constantine, the other with plaintiff. Plaintiff says he represented Keys and Constantine, and was acting for them as well as for himself, in this interview with defendant’s agent.
Defendant sent agents through the country in the vicinity of its factory to obtain…
2Cases cited11 opinions
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Ceeder v. H. M. Loud & Sons Lumber Co.Michigan Supreme Court · 1891
- Humboldt Min. Co. v. American Manufacturing, Mining & Milling Co.Court of Appeals for the Sixth Circuit · 1894
- Beebe v. Ohio Farmers' InsuranceMichigan Supreme Court · 1892
- Cashier v. White Line Transfer Co.Supreme Court of Iowa · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
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- American Employers' Ins. v. H. G. Christman & Bros.Michigan Supreme Court · 1938
- In Re Union City Milk Co.Michigan Supreme Court · 1951
- McBroom v. Cheboygan Brewing & Malting Co.Michigan Supreme Court · 1910
- Lake-Ulricksen Co. v. Grand Lodge I. O. O. F.Michigan Supreme Court · 1914
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