Goodrich v. City of Detroit
Michigan Supreme Court
Case agreed upon by the parties, in the Wayne Circuit, as follows: This is an action of assumpsit. The plaintiffs declare upon the common counts, and claim the sum of $5,000. The defendant pleads the general issue. The facts of the matter in controversy are the following. In August, 1860, the plaintiffs entered into a contract with the defendant to do all the paving of the city for that year. The plaintiffs performed the contract in a satisfactory manner.
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Case agreed upon by the parties, in the Wayne Circuit, as follows: This is an action of assumpsit. The plaintiffs declare upon the common counts, and claim the sum of $5,000. The defendant pleads the general issue. The facts of the matter in controversy are the following. In August, 1860, the plaintiffs entered into a contract with the defendant to do all the paving of the city for that year. The plaintiffs performed the contract in a satisfactory manner. The Common Council of said city assessed the taxes to pay for the paving thus done, in the usual manner. William Cook was city collector of…
1Opinion of the Court
Campbell J.:
This case comes up for the review of a judgment, rendered by the Wayne Circuit Court, upon an agreed state ment of facts.
Plaintiffs agreed with the city of Detroit to do certain paving. The contract contained the following clauses* “ Payments for said work will be made from the proceeds of special assessments, made for that purpose upon each block paved, and not otherwise. And it is expressly understood and agreed, by and between the parties to this contract, that the parties of the first part shall not receive Or demand payment for said work, until money for the-payment of the…
2Cited by14 opinions
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
- Marx v. . BroganNew York Court of Appeals · 1907
- City of Detroit v. Michigan Paving Co.Michigan Supreme Court · 1877
- Broad v. City of MoscowIdaho Supreme Court · 1908
- City of Pontiac v. Talbot Pav. Co.Court of Appeals for the Seventh Circuit · 1899
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