Delta Lumber Co. v. Williams
Michigan Supreme Court
Error to Kalamazoo. (Buck, J.) Asstmpsit. Plaintiff brings error. The facts are stated in the opinion. 1.The letters did not make a bontract, there was no consideration for the settlement, and the agent claimed by defendants to have made it had no authority to, nor did he in fact, make the settlement claimed. 3. The letters do not make such an unequivocal proposition on one side and acceptance on the other as to place the parties in contract relations; citing Johnson v.…
Read the full summary
Error to Kalamazoo. (Buck, J.) Asstmpsit. Plaintiff brings error. The facts are stated in the opinion. 1.The letters did not make a bontract, there was no consideration for the settlement, and the agent claimed by defendants to have made it had no authority to, nor did he in fact, make the settlement claimed. 3. The letters do not make such an unequivocal proposition on one side and acceptance on the other as to place the parties in contract relations; citing Johnson v. Stephenson, 36 Mich. 63; Van ValTcenburg v. Rogers, 18 Id. 180. 1. The court did not base his finding of facts upon any of…
1Opinion of the CourtChamplin, J.
This cause was tried in the court below, without a jury, and a written finding of facts and conclusions of law filed by the circuit judge. Some of the errors assigned in this Court relate to the admission of irrelevant testimony, but as the facts found by the circuit judge appear not to have been based at all upon such improper testimony, the judgment should not be reversed for that cause.
The plaintiff brought this action to recover the .price of three car-loads of. lumber sold and delivered to defendants.
The defense set up was that, prior to the delivery of the lumber in question, plaintiff…
2Cases cited4 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Hoyt v. . ThompsonNew York Court of Appeals · 1851
- Bond v. Pontiac, Oxford & Port Austin RailroadMichigan Supreme Court · 1886
- Lovell v. WillardMichigan Supreme Court · 1873
3Cited by9 opinions
- Knoxville Water Co. v. East Tennessee National BankTennessee Supreme Court · 1910
- Maxson v. Michigan Central RailroadMichigan Supreme Court · 1898
- Reinforced Concrete Pipe Co. v. BoyesMichigan Supreme Court · 1914
- Cutler v. Grinnell BrothersMichigan Supreme Court · 1949
- Massachusetts Hospital Life Insurance v. NessonMassachusetts Supreme Judicial Court · 1934
4 more not listed; retrieve them via the Exa API.