Mercer v. Leihy
Michigan Supreme Court
Case made from Wayne; Brooke, J. Assumpsit by George Mercer against George W. Leihy and another for an alleged breach of warranty on the sale of certain horses. There was judgment for defendants, and plaintiff appeals.
1Opinion of the CourtHooker, J.
Coombs stole some horses, and brought them to defendants’auction rooms, where they were sold' at auction to the plaintiff, who afterward sued the auctioneers to recover the money paid, and a judgment of no cause of action was rendered by the circuit judge before whom,the case was tried without a jury. Plaintiff appealed, and alleges error upon the finding of fact that the auctioneers sufficiently disclosed their principal to relieve *448themselves from liability. The testimony upon this subject is as follows:
George Leihy said:
“ I believed that the property brought there by Coombs belonged to him.…
2Cases cited2 opinions
- Cobb v. . KnappNew York Court of Appeals · 1877
- Needy v. StateSupreme Court of Arkansas · 1894
3Cited by11 opinions
- Lutz v. Van Heynigen Brokerage Co.Supreme Court of Alabama · 1917
- STATE SECURITIES COMPANY v. SvobodaNebraska Supreme Court · 1961
- Gessler v. WintonCourt of Appeals of Tennessee · 1940
- Barrett v. RumelioteSupreme Court of Iowa · 1964
- Michigan National Bank v. Michigan Livestock ExchangeMichigan Supreme Court · 1989
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