People's Ice & Fuel Co. v. Field Pure Ice Co.
Michigan Supreme Court
Error to Kalamazoo; Knappen, J. Assumpsit by the People’s Ice & Fuel Company against the Field Pure Ice Company for the breach of a contract for the sale of certain ice. A judgment sustaining a demurrer to the declaration is reviewed by plaintiff on writ of error.
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Error to Kalamazoo; Knappen, J. Assumpsit by the People’s Ice & Fuel Company against the Field Pure Ice Company for the breach of a contract for the sale of certain ice. A judgment sustaining a demurrer to the declaration is reviewed by plaintiff on writ of error. The parties to this action entered into a written contract as follows: “This agreement made this 29th day of April, 1909, between the People’s Ice & Fuel Company, a corporation, party of the first part, and the Field Pure Ice Company, a corporation, party of the second part, witnesseth: That the party of the first part, in…
1Opinion of the CourtBrooke, J.
(after stating the facts). The sole question at issue in this case is the proper construction of the contract.
After a careful examination of the contract itself, and due consideration of the situation of the parties thereto, we find ourselves unable to agree with the conclusion reached by the learned circuit judge. The contract, taken as a whole, indicates that both parties were engaged in the ice business in the city of Kalamazoo; that the plaintiff was about to retire from that business, and the defendant was about to take over the same. To that end the plaintiff agreed, first, to sell all…
2Cases cited2 opinions
- Baker v. BairdMichigan Supreme Court · 1890
- Beadle v. Sage Land & Improvement Co.Michigan Supreme Court · 1905
3Cited by2 opinions
- Fredericks v. General Motors Corp.Michigan Court of Appeals · 1973
- Fredericks v. General Motors Corp.Michigan Court of Appeals · 1973