McGraw v. Fletcher
Michigan Supreme Court
Error to Wayne Circuit. This action was brought by defendant in error against Eber B. Ward in his lifetime, and was being tried before the referee at the time of Mr. Ward’s sudden death. The suit was revived against plaintiffs in error, who were appointed special administrators pending the contest over the will of the deceased. After the revivor, the trial proceeded before the referee.
1Opinion of the Court
Graves, J.:
Fletcher brought this action to recover the unpaid balance arising on a written contract for the sale by him of a patent diamond drill to decedent Ward. The cause was referred and the referee reported the facts and found the plaintiff below was entitled to recover three thousand nine hundred and twenty-nine dollars and eighty-three cents. Plaintiffs in error excepted to the report, but the court *overruled the exceptions and entered judgment as recommended by the referee.
Two objections are made: first, in ruling that on the facts as found there was no express warranty that the…
2Cited by13 opinions
- Huston v. TylerSupreme Court of Missouri · 1897
- Reynolds v. General Electric Co.Court of Appeals for the Eighth Circuit · 1905
- Farquhar Co. v. Hardy Hardware Co.Supreme Court of North Carolina · 1917
- Spruce Co. v. MaysSupreme Court of Missouri · 1933
- General Fireproofing Co. v. L. Wallace & SonCourt of Appeals for the Eighth Circuit · 1910
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