Deyoe v. Jamison
Michigan Supreme Court
Error to Allegan Circuit. This was an action of replevin brought by Jaraison against Deyoe and Silas Stafford and wife, for an organ. Deyoe had contracted in writing to sell and deliver the organ to Jamison for two hundred and forty dollars, the title to be retained by the vendor until performance. Jamison paid all but thirty dollars and interest, which was represented by his note for that sum given to Deyoe, and then sold and delivered the organ to one Delano.
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Error to Allegan Circuit. This was an action of replevin brought by Jaraison against Deyoe and Silas Stafford and wife, for an organ. Deyoe had contracted in writing to sell and deliver the organ to Jamison for two hundred and forty dollars, the title to be retained by the vendor until performance. Jamison paid all but thirty dollars and interest, which was represented by his note for that sum given to Deyoe, and then sold and delivered the organ to one Delano. After default in payment Deyoe brought replevin against Delano, got possession of the instrument and recovered judgment. Jamison,…
1Per curiam
This case is covered by the previous decisions of this court. The first replevin suit only determined the right of Deyoe to the possession of the organ at that time, and Avas not inconsistent with the right of Delano or Jamison to recover possession when the remainder of the purchase price *96was paid or tendered. This right was not one which would be forfeited by mere' neglect to pay by the day named. And if Deyoe could have a right to terminate it in that event, there was evidence from which the jury might infer, as they did, that he had waived it by seeking to collect the balance afterwards.…
2Cases cited3 opinions
- Preston v. WhitneyMichigan Supreme Court · 1871
- Johnston v. WhittemoreMichigan Supreme Court · 1873
- Giddey v. AltmanMichigan Supreme Court · 1873
3Cited by7 opinions
- Cole v. HinesCourt of Appeals of Maryland · 1895
- Wheeler & Wilson Manufacturing Co. v. TeetzlaffWisconsin Supreme Court · 1881
- National Cash Register Co. v. RichardsMichigan Supreme Court · 1909
- Pearl v. GarlockMichigan Supreme Court · 1886
- Marvin Safe Co. v. EmanuelNew York Court of Common Pleas · 1888
2 more not listed; retrieve them via the Exa API.