Nierman v. White's Motor Parts, Inc.

Plaintiff sued defendant in common pleas court for the city of Detroit, declaring on all the common counts in assumpsit and especially for goods sold and delivered, claiming damages to the amount of $469.92, together with interest to date of trial. Attached to the declaration were invoices and a statement of account. These were made a part of the declaration.

Defendant pleaded the general issue; gave notice the goods sold and delivered were defective and unfit for the purposes intended and sold to the defendant; and there had been a total failure of consideration; and by cross-declaration,…