McDonald v. Acme Lumber Co.
Michigan Supreme Court
Error to Wayne; Webster (Clyde I.), J. Assumpsit by John C. McDonald against the Acme Lumber Company for goods sold and delivered. Judgment for plaintiff on a directed verdict. Defendant brings error.
1Opinion of the CourtBird, J.
During the summer of 1919 plaintiff sold to defendant 60,000 kiln run brick at $14 a thousand. Defendant came to plaintiff’s brick yard with its men and teams and hauled them away. Later in the *602season, when plaintiff demanded payment therefor, defendant complained that the brick were not of a merchantable quality. Suit followed and plaintiff obtained a judgment by direction of the court for the price of the brick. Defendant contends that the trial court was in error in refusing to submit the case to the jury. It is argued by defendant that out of the sale of the brick there arose an implied…
2Cases cited1 opinion
- Wisconsin Red Pressed-Brick Co. v. HoodSupreme Court of Minnesota · 1893
3Cited by2 opinions
- Carothers v. City of StantonMichigan Supreme Court · 1932
- Patterson Foundry & MacHine Co. v. Detroit Stove WorksMichigan Supreme Court · 1925