Mull v. Smith
Michigan Supreme Court
Error to Newaygo; Palmer, J. Assumpsit by Edwin M. Mull against Frank H. Smith for money had and received. From a judgment for defendant, plaintiff brings error.
1Opinion of the CourtHooker, C. J.
The plaintiff sued to recover $100 paid to the defendant. The cause was tried before the circuit judge without a jury, and he rendered a judgment for the defendant, and the findings filed show the following facts: The defendant owned a 40-acre tract of land, called the “Burns Farm,” and negotiations were had between the parties for its purchase by the plaintiff. The premises were inspected by plaintiff and an agent of the defendant, who asked $650 for them. The agent was directed by the plaintiff to ascertain whether the defendant would take “less than $650 for cash.” The parties met…
2Cases cited1 opinion
- Wilkinson v. HeavenrichMichigan Supreme Court · 1886
3Cited by28 opinions
- Opdyke Investment v. NORRIS GRAIN COMPANYMichigan Supreme Court · 1982
- Harper v. GoldschmidtCalifornia Supreme Court · 1909
- Duke v. MillerMichigan Supreme Court · 1959
- Smith v. MathisMichigan Supreme Court · 1913
- Miller v. SmithMichigan Supreme Court · 1905
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